Workers Compensation Lawsuits
Up to 20% of all work injuries and work-related accidents are filed due to back pain, but work injuries can include a wide variety of common injuries which may be caused by repeated activities, heavy lifting, unsafe working conditions, the violent actions of another employee or customer, transportation accidents, or exposure to toxic chemicals. Common work place injuries can include broken bones, external or internal injuries, stress fractures, sprains, and brain injury. Unlike other personal injury claims, most work-related injuries are considered workers’ compensation claims. This workers comp, is provided by the employer. Compensation is awarded for medical expenses, lost wages and death benefits. Under most conditions the employee has forfeited their right to file a personal injury claim, but will instead get immediate payment from their employer without the employer claiming they were negligent for the employee’s injuries. Learn about workers compensation law, get legal help and more, at www.usworkerscomp.com.
What is Workers Compensation?
Workers’ Compensation insurance is a state-mandated benefit system which compensates employees who are injured on the job. Accidents are not the only injuries compensated under Workers Compensation. You may be able to receive compensation for stress injuries from repetitive tasks or illness caused by exposure to toxic chemicals. Emotional stress or mental illness may be covered, but it is more difficult to prove. To prove your case you must prove that the injury took place in the course of employment and was connected to employment. For example, a factory worker who has a finger cut off in a meat grinding machine would not have been hurt if he was not at work. His injury is covered by workers’ compensation. Sometimes however, there are neutral risks associated with a job. For example, a person could be injured in a natural disaster while employed. These cases are less clear and harder to prove. An expert personal injury attorney can review your case and determine if it should be covered under Workers’ Compensation statutes.
Third Party Compensation
If anyone other than your employer is responsible or partly responsible for your injury you can file a personal injury lawsuit against that party to recover damages above medical bills and lost wages. For example, the truck you are driving has a blow-out and it is found that the tire was defective; you could sue the manufacturer of the tire. If you win your case, you will be required to reimburse your employer for the amount paid to you for lost wages and medical bills from your Workers’ Compensation claim.
Workers Excluded From Workers Comp
Employees for the federal government are covered by federal compensation plans administered by the Office of Workers’ Compensation Programs (OWCP). The Federal Employment Compensation Act provides compensation for federal employees not in the military. This act provides compensation for injuries sustained during employment. Compensation includes medical expenses, job re-training, part of lost wages and compensation for family members of employees who are killed.
Some states Workers’ Compensation programs exclude certain groups of workers. These groups include farm workers, railroad employees, Maritime workers, and volunteers. Other states do not require employers to have Workers’ Compensation unless they have a minimum number of employees.
Some of these groups may be covered by separate compensation plans. For example the Federal Employment Liability Act covers injuries for railroad employees. The Merchant Marine act provides protection for seamen. The Long shore and Harbor Compensation Act covers some maritime employees and the Black Lung Benefits Act provides compensation to miners. A personal injury attorney specializing in Workers’ Compensation can help determine if your case is covered and what group should be contacted.
Workers Compensation Denied, Hire a Personal Injury Attorney
If your Workers’ Compensation claim is denied or is not covered under your employers Workers’ Compensation plan you may be able to file a personal injury lawsuit. Many companies may strongly contest injured employees Workers’ Compensation claims. If you do decide to hire a personal injury lawyer, many states limit the amount of legal expenses the injured party has to pay to “e; contingency fees “. The contingency fees are often paid only if the case is won. If no compensation is awarded the attorney might not be paid anything for his work. If you have been seriously injured, if your case is being contested or if your case is being denied you may want to consult a personal injury lawyer who specializes in Workers’ Compensation claims to help you receive the compensation you deserve.