Work Place Injury: Legal Remedies Available To Victims

2007-05-02 10:04:19

( Legal )



When you suffer any accident or mishap while in the course of employment or you are injured at work, there are basically two legal remedies that you are allowed to pursue. One remedy for victims of work place injury is to file workers' compensation claims, and the other is to file personal injury lawsuits against the employer or insurer.

Workers' Compensation Claims

Generally, workers’ compensation covers all industrial employment. State law requires employers to provide disability compensation by obtaining coverage through insurance from private insurers, or through self-insurance (if the employer is financially capable), or by paying into a state-run compensation program.

When you file for claims related to work place injury, the funds from disability compensation will cover most of your economic losses. The standard benefits comprise payments for medical expenses, and burial expenses, in case the worker dies. Workers' compensation benefits may also provide payments for rehabilitation services and lump sum for disfigurement that the work place injury causes.

The procedures when you file for claims include informing your employer about your injury at work and filing for benefits within a certain period. Your employer will report the said work place injury to the insurer and to the workers’ compensation agency in your state. Absent any dispute that the claim relates to work place injury, the insurer obliges itself and pays the benefits accordingly.

Personal Injury Lawsuit

When disputes arise between you and the insurance carrier regarding payment of claims, you may need an attorney to protect your rights. The issues on disputes include whether or not your claims are indeed related to work place injury, and whether or not you are still capable of returning to your old work. Although most cases are resolved through a settlement agreement, there are times when you should pursue a personal injury lawsuit against your employer or the insurance company.


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