When a workplace accident happens the harmed employee may be baffled if they should apply for workers compensation or if they should hire a personal injury attorney. In some cases it is clear that workers compensation is the answer, but in other more cases with more serious injury the employee may feel more confident by consulting a work injury lawyer. The employee will not have a choice told the only way to be compensated is through Worker’s Compensation, which has its own set of rules and regulations, but without consulting a legal professional the hurt employee may not be recovering the compensation they deserve.
Injury and Worker’s Compensation
Employers must provide worker’s compensation insurance policies for their employees in adhering to state and federal law. Usually this is an employer with at least three employees and it will cover the employee if hurt on the job as an insurance policy that will provide medical coverage and lost wages. In order to be eligible for worker’s compensation the individual must be classified as an employee, which means if the individual is a self-employed contractor they generally will not be eligible to be covered by this insurance even though they may be required to carry it for their employees.
In the event an employee is hurt while performing their duties at work, they will be required to file a worker’s compensation claim and if the claim is approved they forfeit the right to bring a personal injury lawsuit against the employer. The employee will be required to see a medical professional or specialist for a diagnosis and treatment plan. Then the insurance company handling the worker’s compensation claim will use the diagnosis to determine whether they will approve or deny the claim.
The harm caused to the employee filing for Worker’s compensation often will be cuts, gashes, broken bones and other harm of this type, but in some instances it may be illness or disease with the workplace as contributing to the cause.
Personal Injury/ Workers Injury Lawyers
Personal injury lawyers specializing in work related injuries can protect the rights of the employee hurt on the job and if a worker’s compensation claim is denied by the employers insurance company they can assist the injured employee in filing an appeal to have their claim reconsidered for approval. The personal injury attorney can assist in determining the best legal action to take if the harm caused to the worker involved negligence. There are some accidents that happen in the workplace that do not involve negligence or neglect and for a claim to be legitimate it must have an element of negligence. Workplace injury that is caused by neglect includes employees that are not properly trained, machinery that is not properly or regularly serviced or a lack of supervision.
The difference in a worker’s compensation claim and a personal injury claim is the compensation, since worker’s compensation generally involves less money with only partial payment of the hurt employees pay, than a personal injury settlement that will include the employees full pay amount in the claim.