Bharat SainiLast Updated on September 25, 2014 by Bharat Saini
If you got injured at workplace then the right solution is to go for workers’ compensation claims and ask for your rights. Filing a lawsuit against your employer is not necessary in this scenario. Just follow proper channel for filing your claim and you’ll get compensated. You cannot sue your employer for the medical bills and other treatment expenses.
No Fault System
In most of the States workers’ compensation benefits come under “No Fault system”. It means that it doesn’t matter how you got the workplace injury, whether its due to employer’s negligence or occupational diseases, what matters most is that you got injured at workplace in course of your employment. In this case even the employee’s negligence (causing the injury), does not prevent him from getting workers compensation benefits and workers can’t challenge the impairment rating.
This No fault system is designed in a way to benefit employees as well as employers. It is ensured that employees get maximum medical benefits for their injury and employers stay protected from time consuming and expensive lawsuits.
Recovery
Recovery is the reimbursement amount that injured workers get for medical treatment and recovery. Due to the “No Fault System” you’ll get limited benefits and recovery. In this case you cannot file a lawsuit against your employer so you won’tbe getting punitive damages. The amount of recovery and workers’ compensation benefits vary from state to state. You’ll get substantial benefits depending upon your State’s law. Mainly the benefits include medical bill reimbursement, lost wages and temporary/permanent disability benefits.
Employees Not Covered
If you belong to a State that doesn’t cover workers’ compensation benefits then you are not eligible for filing a workers’ compensation claim. Remember that third party/independent contractors and volunteers are not covered. If you are not covered by workers compensation then you can go for personal injury lawsuit for getting the benefits.
Filing a Lawsuit
If you are already covered under workers comp then you can file a lawsuit only in specific rare cases. If you think that your employer is explicitly trying to harm you then it can be one of the specific case. It means that according to jurisdiction your employer has done something on purpose to harm you. If the case just involves employer’s mere negligence then the scenario is not significant enough to entitle you for a private lawsuit.
If you are thinking of private lawsuit then you must have significant proof against your employer to show that they intentionally tried to harm you. It can be your employer (the company) or a specific person responsible for harming you or causing the injury.
Consult Attorney
These legal matters can be very complicated. Talking to a professional workers compensation attorney can resolve your issues and queries regarding the filing of workers comp claim or lawsuit. An experienced lawyer will help you in determining the best course of action based upon your State’s law.
