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Workers Compensation Benefits

Experienced Attorney

Those who have suffered an injury or illness because of a job task or environment, may have plenty of questions about how their employer may help. If the company you work for has a workers compensation program established, then you may be able to receive coverage for medical treatments. As soon as the incident happens, it is vital that you inform your employer right away to report what happened and see a doctor promptly if needed.

What is the overall intention of workers compensation programs?

Workers compensation programs were created to lessen the chances of a dispute arising between workers and employer over a work-related injury or illness. In general, these programs operate under a “no-fault” perspective, where it does not matter who was responsible for the accident happening. However, it is important to note that there may be instances where an employee’s workers compensation claim is denied. Here are a few exceptions where an employee does not receive benefits:

  • The injury was caused due to self-infliction
  • The injury was caused due to the employee being intoxicated or under the influence of an illegal substance
  • The injury was caused due to a coworker attacking you for personal reasons
  • The injury was caused due to the employee breaking a law at the time

Can I sue my employer for the workplace accident?

In most cases, an employee cannot take legal action against their employer for the workplace accident, due to receiving benefits through the workers compensation program. Both the employee and employer have given up some rights when the compensation program was instituted. But, there are a couple circumstances that may permit an employee to file a lawsuit:   

  • Your injury or illness was caused due to defective product, where you may want to file a personal injury lawsuit against the manufacturer
  • Your injury or illness was caused due to a personal matter with a coworker, where you may want to file a civil or criminal lawsuit against them

Those who are unsure whether they can take legal action regarding their workplace accident, may want to meet with an attorney for guidance. Workers compensation cases can become complicated very quickly, so it can help to have a legal professional supporting you.

Are all workers regardless of career field able to receive workers comp?

No, not every worker is entitled to workers compensation benefits. Depending on the nature of the work being done and how many employees are with the company, having a workers compensation benefits program may not be required of the employer. Here are job roles that may not have such benefits available to them:

  • Part-time domestic workers (maids, nannies)
  • Part-time maintenance or garden workers
  • Taxi drivers
  • Some types of agricultural workers
  • Independent contractors
  • Railroad workers
  • Longshoremen
  • Sole proprietors

If you have been injured at work and feel that your claim has not been handled appropriately, you may want to meet with work injury lawyers for advice. Sometimes, employers are intentionally reckless or negligent when handling an employee’s workers compensation claim in order to save the company money.

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