If you have become injured or ill because of something that occurred in the workplace, then you can get workers’ compensation. You will not be able to file a lawsuit against your employer if you file a workers’ compensation claim. However, there are some exceptions to this.
The No-Fault System
Workers’ compensation has a no-fault system. This means that you can get compensation regardless of whether your accident was caused by your employer’s negligence. The only thing that you have to be able to prove is that your work caused your illness or injury. Even if your own negligence caused your accident or illness, you might still get workers’ compensation.
If you want to know about whether your behavior prevents you from getting workers compensation, then you will need to contact the workers' compensation office in your area. The purpose of the no-fault system is to protect employers and workers. Employers do not have to deal with long and drawn out lawsuits. Employees are protected because they will be able to get the medical care that they need paid for. They will also be able to get paid time off.
The amount of money that you are able to get in workers’ compensation is known as the recovery. It is important to note that recovery is limited because of the no-fault system. You will not be able to get punitive damages because you cannot sue your employer.
However, the state that you live in will affect the amount of money that you will be able to get. Washington is known for being very generous to people who file for workers’ compensation. California and Texas are known for giving people very limited compensation.
Disability benefits, medical bill reimbursement, and lost wages are some of the things that are included with workers’ compensation benefits. If a worker happens to get killed while on the job, then their family members can be paid death benefits.
Who is not Covered by Workers Compensation?
You can only get workers compensation if your employer offers it. Volunteers and independent contractors are not covered by workers’ compensation. You can still file a personal injury lawsuit if you are not covered by workers’ compensation.
When WIll I be Able to File a Lawsuit?
There are specific things that must take place before you can file a lawsuit. In most cases, you will only be able to file a lawsuit if your employer intentionally did something to hurt you. That is why people typically file a workers compensation claim when they are hurt on the job.
Even if your employer was negligent, you may still have to file a workers compensation claim instead of a lawsuit. For example, you were hurt on the job because of dangerous machinery or a broken ladder. These are examples of negligence, but you may still have to file a workers compensation claim.
Suing a Third Party
If someone else was responsible for your injury, then you may be able to sue the third party. For example, a defective product at work caused you to get injured. You may be able to sue the company that made the product. Not only can you get compensation, but you can also get punitive damages.
Talk to Lawyer
Third party lawsuits have different requirements, so they can be complicated. That is why it is important to contact an attorney if you want to sue a third party or your attorney. Your workers' compensation lawyer Savannah is Tate Law Group… give us a call today!