The vast majority of workplace injury-related disputes are resolved without entering into a workers’ compensation court case. In general, employees who are injured or sick on the job can recover their monetary benefits due to their losses without requiring to go to court. However, in many situations, it is not uncommon to find workers to sue their employer when anything goes wrong. Mike Saltzstein who is a distinguished professional focused on strategic planning, multi-line claims, worker’s compensation claims, and financial structures offer a guide for workers on the steps to take to recover their losses after being injured. The professional also guide them about the situations when they can file a compensation lawsuit.
How Will You Make a Workers Injury Claim
As stated above, in almost all states workplace injury claim does not require to make a civil lawsuit as it applies to general personal injury cases. The worker’s compensation system is formulated for the benefit of employees and covers benefits if they experience injury or become sick during their work.
As per the standard rule, employers of most states are obliged to pay workers’ compensation insurance. The insurer covers accidental injuries and illnesses that employees come across as a consequence of their job duties. If any employee gets hurt or ill due to their job, the employee may recover the legitimate compensation by filing an official claim to the insurance company via the employer.
Claiming is an easier and faster process to resolve the matter compared to making a lawsuit. Thus, the laws have streamlined the whole process of recovering compensation, and most importantly compensation against job-linked injury restricts workers right to sue the employer.
Compensation for Work Injuries
Worker’s compensation laws allow injured or sick workers to receive specific types of compensation. Even if, these regulations may vary between states to some extent, however, generally workers can make a claim to recover the benefits as follows:
Medical expenses: Payment for all medical bills, and cost of hospitalization caused by the work injury. The compensations include doctor’s care, hospital treatments, the expense of surgical sessions, prescription medications, orthopedic supplies, physical therapy treatment, etc.
Lost wages: The insurer pay for lost wages for the time workers cannot attend the job because of impairments that prevent them from attending their job to their full potential.
Disability-related benefits: If the injury causes any kind of permanent disability like loss of vision, loss of hearing, or impairment of any body parts or limbs, workers should receive extra compensation depending on the cost of the loss.
Death benefit: If work-related injuries lead to death, the family members will receive compensatory benefits from the insurer.
When Can You File a Lawsuit?
According to Mike Saltzstein, since the law allows workers to receive their compensation simply through a worker’s compensation claim, other than a few exceptions the law prevents them from suing the employer. The exceptions include
- If a worker’s injury is caused by any deliberated action by the employer, the worker can sue the employer. However, it needs the worker to evidence that the employer meant to injure you.
- If an employer has not bought worker’s compensation insurance or the amount of insurance is too little, an injured worker can file a lawsuit against the employer.
- If any third party is responsible for a worker’s injury, the worker may sue the third party for the injury.
To conclude, it is worth noting that, unlike any personal injury claim, workers cannot recover any kind of compensation for their suffering, pain, or emotional distress from a worker’s compensation claim. Similarly, recovery does not cover punitive damages.