David p. Cline
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Workers Compensation
If you have been injured on the job, you are likely covered by workers’ compensation laws that allow for recovery of your medical expenses, a percentage of your wages, plus other compensatory damages. State and federal laws require that employers carry workers' compensation insurance in order to provide for employees injured or killed on the job. Workers’ Compensation laws are statutes that establish liability of employers for injuries to workers while on the job or illnesses due to their employment, and require insurance to protect the workers. Workers’ compensation is not based on negligence of the employer, but is absolute liability.
Benefits covered by workers' compensation insurance include medical bills, a portion of lost wages, rehabilitation, death benefits and in some states, permanency. The amount of workers' compensation insurance coverage is mandated by state law and varies from state to state. Workers’ compensation laws vary from all other forms of injury laws because in the vast majority of cases you are entitled to compensation regardless of fault. Usually, the only requirement for compensability under workers’ compensation is that you are injured on the job. Each state has its own workers' compensation rules to handle how claims are administered for employees who suffer an on-the job injury.
Workers compensation is usually the only remedy for an employee against an employer and does not include general damages for pain and suffering. If a third party contributed to the damages, the injured worker may sue that party for damages even though he/she receives workers' compensation, but recovery may be subject to a lien for moneys paid out by the workers' compensation insurance company or the company itself. For claims against third party defendants, see the other portions of this web site or contact us.
Our law firm has successfully represented many injured employees with their workers’ comp claims. We only collect if we collect money for you. At our law firm we will provide you with information to evaluate your workers’ compensation legal needs. We have many years of experience. We have established a system for helping to simplify the handling and conclusion of your workers’ compensation claims.
While the workers’ compensation statutes vary from state to state, here are some simple rules if you are injured on the job:
- 1.- Report the incident to your employer immediately. In some states failure to report your injury in the time proscribed by the statute will bar your claim for workers’ compensation benefits.
- 2.- Make sure some type of written report is made of the incident, even if you have to write it up yourself and hand it to your supervisor. Keep a copy of any report.
- 3.- Find out what doctors are available to treat you for your injury. In some states, the workers’ compensation insurance company can determine which doctors an injured employee may see for a compensable workers’ compensation injury.
- 4.- Make sure you do what the doctor tells you. Get an extra copy of any disability slips or work restriction notes given to you by the doctor. These are very important documents and will encourage speedy payment of your lost wages.
- 5.- Be aware that your claim might be subject to a statute of limitations.
- 6.- Lastly, it is important to consult an attorney to insure that you understand your rights.
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Disclaimer: The information supplied on this web site is general in nature and should not be relied upon to make legal decisions. The material contained in this website is not intended as legal advice. This web site is an advertisement for legal services.