Know Your Rights to Workers’ Compensation
Workers’ Compensation is a term that refers to a set of laws that are intended to help and protect injured workers. The ultimate goal of the Workers’ Comp system is to make sure employees who are injured on the job receive the right medical care, financial compensation for any lost wages related to the injury, and retraining and rehabilitation benefits if necessary. Below is valuable information for your to know about your Workers’ Compensation rights.
Workers’ Compensation is a no-fault system. That means you can get these benefits for injuries even if they were your own fault. However, you can only receive benefits from your employer beyond those that are covered by the Workers’ Compensation system.
Exclusions from Coverage
All jurisdictions vary from state to state. But, in most cases, the injured party can be excluded from coverage if the injury or death was related to willful misconduct or intoxication. Benefits may also be denied if the injury was due to mutual fighting, roughhousing, or goofing off on the job.
Suing your Employer
In some instances you are eligible to sue your employer, although it is rare. If you fall into one of the two following categories, you may be able to file a lawsuit:
– The employer intentionally tries to hurt you
– The employer is legally required to hold Workers’ Compensation coverage, but fails to do so.
Consulting With a Lawyer
Most people who file a Workers’ Compensation claim recover from their injuries fairly quickly and do not need benefits beyond short-term medical benefits and wage compensation for any work time that was missed. However, workers who suffer from more serious injuries can run into trouble with their employers. In these instances, consulting with a lawyer is not only your right, but highly recommended. Workers’ Compensation litigation is usually a fairly easy process that does not even require a courtroom.
Coverage for Long-Term Injuries
Workers’ Compensation benefits cover injuries on the job, regardless of their duration. Although short-term injuries are more common, if a work-related injury is going to keep you unable to work for a long time, or even permanently, you will still be covered.
Coverage for Long-Developing Problems
Work-related injuries, like carpal tunnel syndrome, that develop from doing repetitive actions over a long period of time are also covered by Workers’ Compensation benefits.
Often people are afraid to file a Workers’ Compensation claim for fear of retribution from the employer. However, it is illegal for any employer to fire an employee or even suggest that a Workers’ Comp claim not be filed.
If you have questions regarding your Workers’ Compensation rights or to file a claim, contact the law office of Daniel Berger today.