If you’ve been injured at work, you may be wondering if you are entitled to compensation, and if so, how to go about obtaining it. Here is what you should know.
If you’ve suffered an injury while working, you may be wondering if you are entitled to compensation. You may also be wondering if you should file a workers compensation case, a worksite injury case, or both. This article will explain the difference between the two types of cases and which may apply to you.
Workers Compensation Cases
A worker’s compensation case is filed with your employer and their insurance company when you suffer an accident in the workplace. If you are injured while working, you may be unable to work for a while or need to pay medical bills. Workplace injuries can even lead to opioid problems. A workers’ compensation case could help you recover damages, such as medical expenses or loss of earnings.
Worksite Injury Claims
A worksite injury civil claim is a bit different. A worksite injury civil claim might be filed when an injury occurred due to a third party’s negligence. This might be filed against a subcontractor on a construction site if their mistake led to the injury – not necessarily with your direct employer. Or, if a tool broke on-site and caused your injury, you might consider filing suit against the tool manufacturer.
In many cases, a workers compensation claim and worksite injury claim can be filed simultaneously. An attorney experienced in working with workers’ injuries can help you decide which to file and assist with gathering evidence to support your claim.
You may be able to recover damages for:
- Medical bills incurred by the accident
- Long-term medical care if a permanent disability was caused
- Emotional pain and suffering
- Loss of wages
- Loss of long-term earnings, if you are unable to work
Damages you could recover are generally categorized as economic damage or non-economic damage. Quantifiable amounts of damage are known as “economic damage.” Wages lost from a job you are physically unable to perform would be economic damage. Emotional pain and suffering, and things that are more difficult to define, would be considered non-economic damage.
Workers’ compensation claims are “no-fault” insurance. Your employer is generally required to compensate you regardless of whose fault it was. However, an employer may try and dispute your case. They might claim the injury did not occur at the workplace or that the employee did not give notice of the injury. This is why it is a good idea to speak with an attorney after a work injury.
Let an Experienced Workers’ Compensation Attorney Help You
Dealing with your employer and their insurance company after a severe injury can be a nightmare. You can be sure that the insurance company has an experienced team of attorneys – you should have one too. Give our experienced legal team a call 24/7 for a free case evaluation.
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