Injured at Work: Do I file a workers' comp claim or a lawsuit?

According to the Bureau of Labor statistics indicate that in 2013 alone 3 million work-related injuries and ailments were reported in America. There are millions of people who risk their lives every day to earn their livelihood. In this regard, not much has changed throughout the centuries.   

Individuals who work in law enforcement and those who operate commercial vehicles and heavy machinery, perform maintenance work such as electricians, plumbers, and janitors, and health care workers such as emergency responders and nurses, are among those who are most vulnerable to workplace injuries.

At least in America you are supposed to wear gloves, hard hats, glasses, hearing protection, and boots. In Saudi Arabia, they use destitute Indians and Bangladesh to do their labor. Many of them are barefoot working construction jobs! A hard hat is not available for 30 miles as well! And if they are hurt on the job, there is not a worker’s compensation lawyer within 2,000 miles.

For the most part, most states do not allow workers to sue their employers for injuries. They have to claim compensation from workers’ compensation insurance. However, there are exceptions when workers are allowed to file a civil lawsuit against their employer.

The Logic behind Worker’s Comp

According to worker’s compensation lawyers the main purpose of workers’ comp is to have a balance between the interests of the worker and the employer. The system is such that a worker gets the benefit quickly and with relative ease without having to prove to the court that his or her employer did something wrong to cause the harm. In this type of arrangement the employer benefits as well.

To begin with, he can avoid lengthy and expensive lawsuits. Secondly, he is simply required to pay timely premiums to his insurance provider who will make the payment in event of an injury.

However, one problem with workers’ compensation is that the benefits are limited. Worker compensation attorneys explain that aside from medical bills, workers receive 2/3^rds of their weekly wages for wage loss due to absence from work. They do not get anything for pain and suffering or emotional trauma as compensation in a workers’ comp claim. Well, it may not have been entirely the employer’s fault either.

Under what circumstances can an employee sue their employer?

No Insurance – In all states it is mandatory for employers to buy workers’ compensation insurance with the exception of Texas where it is optional. You are actually allowed to file a lawsuit if your employer does not have workers’ comp insurance. In the southeast state of Georgia, however, if your employer does have coverage you cannot sue the company. Instead you are required to file a regular claim and your employer will pay the benefits in accordance with workers’ comp rules.

Intentional Harm – You can initiate a lawsuit if your employer hurts you intentionally. For example, you can sue if your employer pushes you and you suffer injuries as a result. In addition, you can file a lawsuit if you are hurt due to your employer’s negligence or careless mistakes. Worker’s compensation lawyers say that if your employer has removed a safety component intentionally to optimize performance of certain equipment which results in an accident, you could potentially have the right to sue.

If your employer did something intentionally there could be criminal charges in fact. But in the movie Point Break when Johnny Utah (Keanu Reeves) jumps out of the airplane with no parachute and lands on top of Bodhi (Patrick Swayze), Utah could not blame his employer which is the FBI since he chose to do that on his own. There would not be any intentional harm here, just irrational aggression or the desire to seek justice. This is out of worker’s compensation lawyers’ hands.

Third Party Claim

If a third party is responsible for your injuries then you can sue them. Given below are some examples:

• Product defect – If a defective machinery or a spare part is responsible for your workplace accident you can sue the manufacturer or the supplier.
• Car Accident – If you were injured by a negligent driver while driving for a company errand you can sue the driver.
• Toxic substance – If exposure to harmful chemicals like benzene, chromium, or asbestos has affected your health you can sue the manufacturer.
• Premise Liability – If you have suffered a slip and fall-injury at a vender’s warehouse you can sue the vender.

If you have suffered a workplace injury you need to reach out to a workers’ compensation lawyer as soon as possible. Coping with injuries and the legal complexities of a workers’ comp claim can be a daunting task on your own. Engaging a legal pro at the outset will help in the event your claim is denied, which is a common occurrence. This is because your legal representative will already know the integral points of your case and will be able to handle the insurer better.

You thought your employer cared for you. You thought there was some loyalty there. Well, there may have been but the moment you filed a worker’s comp claim that decent relationship and respect vanished. Now you are on your own. Even some of your colleagues think you are some sort of traitor. That is not right! They would do the same thing if they were you!

Are they going to pay your mortgage or buy your children their next pair of shoes? No! You need to go right here: Workers-Comp.USAttorneys. You need a workers’ compensation lawyer and you need one now!