Worker's Comp: What You Need to Know About Workplace Injury
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When You're Injured on the Job, Will Worker's Comp Serve You Well?
Surprisingly, worker's compensation insurance doesn't guarantee you'll get the compensation you need to pay for your injury treatment, medical expenses, pain & suffering. The workers' compensation laws vary from state to state, so it's helpful to have a worker compensation lawyer representing your case to a court of law. You want to act fast, because there are often time limitations placed on worker's to submit a claim.
Worker's comp isn't an option to employers - it's a mandated insurance program for the possibility that you'll suffer an injury while on the job. If you're a federal worker, then you'll be utilizing the federal worker's compensation program. Local state governments have their own programs.
If you've suffered a work-related injury or illness, then worker's comp chould cover you - even if it was your fault! Medical damages will be calculated using a state-generated formula.
What Does Worker's Comp Cover?
Worker's compensation generally covers most injuries you sustain while on the job. But there are some instances where you won't be covered. For instance, if you start a fight with another worker and suffer a cut that requires stitches, you won't be covered because you instigated the altercation.But if you were not paying attention and accidentally let the saw cut your finger off, then worker's comp should cover you. It covers accidents that were even the fault of the injured employee, as long as he or she wasn't involved in a crime or violating company policy in some way. Construction injuries, lifting injury, work-related illnesses, slip & fall and even some motor vehicle accidents suffered on the job should all be covered.
You generally cannot file a worker's compensation claim if you get injured after-hours when you're not "on the clock". Here's a big one - and you may be tested - if you're drunk or on drugs while working, then worker's comp isn't likely to cover your injuries and now, you're going to get fired.
A workman's compensation attorney will know better than you will whether or not your claims will be covered, and it's important that you contact one immediately following an accident so that you follow proper protocol and don't jeopardize your future case in court.
Workers Comp: Defined
by Wikipedia
Workers compensation (also known as workers' comp, workman's comp and workman's compensation in North American English or compo' in Australian English) provides insurance to cover medical care and compensation for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employees right to sue their employer for the tort of negligence.
The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain".
While details differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.
These laws are usually a feature of highly developed industrial societies, implemented after long and hard fought struggles by trade unions. Supporters of such schemes believe they improve working conditions and provide an economic safety net for employees.
Conversely, these arrangements are often critiqued for removing or restricting workers' common law rights (such as suit in tort for negligence) in order to reduce governments' or insurance companies' financial liability.
It's a Myth That You Can't Sue Your Employer Over Worker's Comp
Some employers like to get employees to believe that if they provide worker's comp, then they can't be sued.This simply isn't the case. In fact, an employer can still be sued for a workplace injury.
If the employer caused the negligence or reckless act that led to your workplace injury, then you can simply not follow the worker's comp plan and contact an attorney on your own to handle the case and sue for damages.
Many employees have found their experience with worker's comp disappointing. They were denied the benefits they believed they would get, and wound up having to contact an attorney to handle their case in a court of law.
When the case goes to court, you'll have the right to sue for medical reimbursement, as well as punitive damages, mental anguish, and pain and suffering. It's in the interest of your employer to avoid these fees, but it doesn't always work out that way. A worker's compensation attorney can advise you of your rights and how you should proceed with your current situation.
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Useful Links:
- Injury Lawyers helping clients throughout Florida
- An injury on the job can prevent you from working and saddle you with mounting bills that are difficult to pay without money coming in. Under Florida law, workers compensation must be paid promptly so people....
- Philadelphia Workers Comp, Personal Injury & Disability Attorney
- The Pennsylvania's Workers' Compensation Act (Act) outlines that you (the worker) can be provided with wage-loss compensation benefits and medical expenses in case of on-the-job injury. Wage loss benefits can last until you return to the workplace. Death benefits for work-related deaths can be also covered and are usually paid to the person's dependent survivors. Talk to the attorneys of Larry Pitt & Associates if you feel you have a workers compensation claim in Pennsylvania.
- Truck Accident Lawyers
- Semi trucks and tractor trailers cause a large percentage of all accidents in the U.S. each year. Because of the size and weight of these trucks, drivers and passengers of smaller vehicles are at an enormous disadvantage in the case of a collision...
- Pennsylvania Construction Lawyers
- All too many workers comp claims come from construction site injuries from scaffolding collapses, crane accidents, trip fall and other events. Minimizing injury to workers should be the primary focus of any construction company but, when that fails, litigation may be the answer. If you find yourself in that situation, take a look at Laffey Bucci Kent for more info on construction law.
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