Workers Compensation

An employee who suffers an on-the-job injury is precluded from filing a personal injury lawsuit against their employer (for causing the work-related injury) unless it can be proven that the employer purposely harmed the worker. For example, if an employer were to strike an employee with the intent of causing harm, then that employee could file a personal injury lawsuit.

In most cases (those without employer intent to harm) when an employee is hurt on the job, the injured worker should pursue a workers’ comp claim. Workers’ compensation benefits are designed to provide the employee injured at work with adequate medical coverage and income replacement compensation.

There are also rare instances where an injured worker may pursue what is referred to as a third-party lawsuit (in addition to their workers’ comp claim). If the on-the-job injury is caused by a person or company other than the employer or occurs off-site then a third-party claim may be pursued.

By selecting a workers comp lawyer from the outset, the injured worker will have a work injury advocate with the knowledge and experience to fight their rights. The burden falls on the employee to recover the appropriate benefits. Such workers compensation benefits include reimbursement for lost wages, payment or reimbursement for medical bills, and protections if the worker is unable to return to the job temporarily or permanently.