Injuries that occur at the workplace can be very problematic for all parties involved. Injuries cause emotional and physical pain, along with financial problems. If an injury occurs at the workplace and the employee can no longer work, workers’ compensation is provided.
Workers’ compensation is essentially a type of insurance that is provided to workers to protect them from legal liability if an accident in the workplace occurs.
When an injury occurs in the workplace, the company’s insurance provider is responsible for compensating the employee for his or her injury. However, in order to get compensation, the injury has to meet two conditions:
An injured employee is usually offered various compensation benefits that help pay for the costs of healing the injury along with disability payments.
If an injured worker agrees to the compensation that is being provided, they are legally required to sign an agreement with the employer that clearly states that the worker cannot sue the employer for any negligence.
When an injured employee is unable to get the compensation or the compensation benefits that they want, they hire a workers’ compensation attorney. The attorneys help workers get the compensation they deserve from the employer and the employer’s insurance company. They can even take the matter to court if the employer refuses to cooperate.
These attorneys provide guidance and counseling on what the injured worker should do to get compensated accordingly.
Workers’ compensation law has enabled many injured workers to get the compensation and relief that they rightly deserve.
Many workers injured on the job are unsure of how to navigate the worker’s compensation and legal systems. They worry: “Do I have to sue my employer?”
To most workers is it a relief to learn that you do not need to sue your employer to recover for your injuries. This is especially important to those who wish to avoid litigation which is costly, expensive, lengthy, and super stressful.
In addition, knowing that you don’t have to sue your employer brings peace of mind to those who wish to return to work for that same employer once they are healed.
Worker’s compensation has a long history
The first worker’s compensation laws were passed 100 years ago.
Worker’s compensation is an exclusive remedy
This means that if your employer carries worker’s compensation insurance, you cannot, under most circumstances, sue that employer. Your remedy is through the worker’s compensation administrative law system, not litigation in the court system.
This means that in exchange for the benefit of worker’s compensation, you give up your right to sue. But, this also means that your employer can’t say your worker’s compensation claim is not valid. In other words, they can’t assert defenses to your claim.
Employer defense to worker’s compensation claims
While your employer can’t assert a defense to your claim such as contributory negligence or show that they were not at fault, the employer can fight your claim if your injury didn’t happen on the work site or within the scope of employment.
Worker’s compensation requires that your injury occurred on the job, not in the workplace
If you were injured on the job site, there is no issue as to your worker’s compensation coverage.
But you don’t have to have been injured on the site so long as you were within the scope of employment. For example, you are covered if you were running a work-related errand, handling business off site, traveling on business, or attending a required work-related social function.
Worker’s compensation insurance is a must for most employers
Most employers MUST carry worker’s compensation insurance. This is true even if there is only one employee.
Notable exemptions would be farming operations and where the owner of the business is the only employee.
Worker’s compensation insurance is a must for most employees
All employees must be covered by worker’s compensation insurance, excepting some farming employees and corporate officers. Even family member employees must be covered.
Worker’s compensation benefits
Medical expenses to diagnose and treat your work related injury are covered by worker’s compensation benefits.
In addition, injured workers receive disability payments during any period of injury. The disability payments are usually 2/3 of your normal pay.
If you need rehabilitation or retraining, those expenses are also covered.
Where to get help if you’ve been injured on the job
The Law Offices of d’Oliveira and Associates, P.C., are prepared to help if you or a loved one has been injured on the job. While we can’t reverse your injuries, we can help you to get the medical treatment and compensation you deserve.
Email us or call now for FREE case evaluation.
For your convenience, our telephones are answered 24 hours a day and 7 days a week (1-800-992-6878).