If you have been hurt in a workplace accident, you are entitled to workers’ compensation. It doesn’t matter whether the accident was your fault, a coworker’s fault, or your employer’s fault, you are entitled to compensation. Workers’ compensation will pay your medical bills and replace some of your lost wages. In your state there may be a few exceptions, such as if you were under the influence of illegal drugs at the time of the accident.
Filing for workers’ compensation should be a simple matter, but sometimes your employer will make it difficult. Please contact AccidentAttorneys.org today, and we’ll get you in touch with a local workers’ compensation attorney.
Why Workers’ Compensation
Workers’ compensation is an agreement made between employers and employees. They agree that every worker will get compensated for workplace injuries, and in exchange employers don’t have to worry that an injured worker will file a lawsuit against them. This protects both employees and employers from the destructive effects of workplace injuries.
How to Get Workers’ Compensation Benefits
Workers’ compensation benefits are relatively simple to get. When you are injured, tell your employer you are hurt, and they will direct you where to get care. If it’s an emergency, you can just get care at the closest facility, but you will have to inform your employer soon, typically within 30 days, or risk losing benefits.
Once you have informed your employer about the accident, all you have to do to get benefits is file your paperwork.
In some states, your employer gets to choose your doctor, or give you a list to select from. In other states, you get to choose your own doctor. Typical benefits include 2/3 of your weekly wages, up to a certain maximum, along with all your medical bills.
Benefits are available for permanent partial disability, permanent total disability, and death as well.
Third-Party Lawsuits
Workers’ compensation prohibits you from filing a lawsuit against your employer, but if your workplace accident is caused by someone other than your employer or a coworker, you may be able to seek additional compensation with a third party lawsuit.
Gross Negligence and Deliberate Misconduct
In some states, you can also file a lawsuit against your employer if you can prove that they either deliberately tried to hurt you or were so negligent that it made your accident inevitable. In these cases, you can often get significant amounts of compensation, but the standard of proof is often very high, making these cases hard to prove.
How an Attorney Can Help Your Workers’ Compensation Claim
Although it is often easy to get workers’ compensation, many people will benefit from getting help. Your attorney can help you by:
- Filing your paperwork
- Advising you about other options, such as third party lawsuits
- File an appeal for denied claims
- Speak on your behalf at hearings
- Along with other assistance.
To talk to a local workers’ compensation attorney, please contact AccidentAttorney.org.
