Workers’ Compensation & Workplace Injury Lawyers

How Does Workers' Compensation Work?

When an employee is hurt at work, workers’ compensation benefits are given. It is a type of compensation that is paid out whether the harm was caused by you, the employer, or a third party.

No matter the legal system, all employees may be eligible for workers’ compensation. However, there are several situations where an injured worker may not be eligible for workers’

Compensation benefits. Benefits from workers’ compensation may not be available to you if you:

• Intentionally bring on your own
• Were drunk or otherwise affected by drugs or alcohol when the accident
• were hurt as a result of your participation in criminal activity
• The harm was brought on by a third party’s deliberate

It’s important to keep in mind that there are requirements you must meet in order to be eligible for benefits under the workers’ compensation laws. For instance, you do not have the right to seek medical attention from an undesignated medical professional.

Given these requirements, as well as others, you should seek the assistance of a workplace injury attorney who can guide you through the formal and legal processes.

Legal Action Could Be Considered

Laws governing workers’ compensation prevent an injured employee from suing their employer for compensation. Instead, the injured worker can get assistance for their recovery in the form of workers’ compensation funds.

The issue with this dynamic is that possible damages that can be recovered through litigation are somewhat lower than workers’ compensation payouts.

In a lawsuit, the harmed plaintiff may obtain compensation for the following:

• suffering and pain
• lost wages
• lack of ability to earn money; loss of property
• medical costs

By contrast, workers’ compensation benefits cover only the medical expenses and wage loss associated with injury. In a case where you have suffered severe injury, it is worth considering potential avenues for recovery beyond workers’ compensation.

Suits Against Employers

Though workers’ compensation laws prevent a lawsuit against the employer, there is an exception:

where the employer acted recklessly or intentionally to cause injury. So how does this apply? Suppose that your employer refused to provide helmets to warehouse workers due to the additional cost. They knew that there was a risk of injury from falling objects, however.

If you are injured by a falling object in the warehouse, you could ostensibly sue the employer for recklessly endangering you and thereby causing injury. Workers’ compensation law would not shield them from a lawsuit.

Suits Against Third Parties

Even if the employer is shielded from a lawsuit, however, you can pursue damages from other parties. Third parties responsible for your injuries may be held liable.

For example, if you’re injured on a ladder, it’s possible that the ladder was faulty in its design. You might be able to sue the ladder manufacturer on that basis, and therefore recover both workers’ compensation benefits and damages (through a lawsuit).

Workers’ Comp Benefits You Could Receive

If you’ve experienced a work accident, a workplace injury lawyer could help you obtain:

• All the workers’ compensation benefits you’re entitled to, up to $4,400 a month
• Monetary compensation to cover your doctor and medical bills
• Payments for up to 104 weeks of temporary disability
• Payments for up to 240 weeks of disability for severe injuries
• Total disability benefits

Reasons for workers’ compensation claims because of a work accident may include:

• Accident-related injuries (i.e., slip and fall, chemical burns, )
• Repetitive stress injuries such as carpal tunnel
• Illness as a result of exposure to toxins or particulate matter
• Psychological trauma (i.e., PTSD) caused by a work incident
• And more

Take Action Now: Each Day Counts

You only have 30 days from the date of the accident to notify your employer or your supervisor of a work-related injury. You can move on with your workers’ compensation claim after that.

Notable: In most states, you will have more time to work with if you haven’t yet been aware of the injury (for example, if you had a hairline fracture but didn’t experience symptoms for a few months). From the time you first become aware of the injury, you have 30 days.

If you decide to file a lawsuit (against your employer or any entity accountable for your injuries), there are additional procedural criteria to take into account. For instance, your claims are subject to

any applicable statute of limitations. Your case may be rejected if you don’t submit your claims within the required time frame (often two or three years following the accident).

It’s imperative that you speak with an attorney as soon as possible following your injury given the stringent procedural requirements. They’ll make sure that your case is handled quickly in all respects.

For new litigants, workplace injuries might be bewildering. It might not be obvious what you are entitled to by law or how to go about getting compensation. Additionally, you might be wary of seeking compensation because your employer can put pressure on you to avoid creating more problems.