Each year, millions of workers are injured on the job, and thousands are killed in workplace accidents. When an employee is injured at work, he or she is entitled to recover workers’ compensation benefits for his or her injuries. The family members of employees who die at work may also be entitled to recover benefits. In cases involving negligent third parties who cause an employee’s workplace accident and injuries, the victim may recover benefits through a workers’ compensation claim and damages through a third-party personal injury action.
If you have suffered a work injury, consulting an experienced attorney at the Law Offices of Bryan Musgrave might help ensure that you recover all of the compensation to which you are entitled.
Workers’ Compensation for a Work Injury
The workers’ compensation system allows employees who are injured on the job to recover benefits without having to prove negligence. In exchange, employees are generally not allowed to file lawsuits against their employers for workplace accidents. However, there are some exceptions. For example, an employer that engages in intentional misconduct that causes an employee’s injuries can be sued. Employers that fail to carry workers’ compensation coverage can also be sued by injured employees. However, most employees who are injured at work are limited to the workers’ compensation system.
Notification Requirements
Employees who are injured on the job must notify their employers about their injuries as soon as possible. If you can, report your injury in writing immediately and retain a copy for your records. You should also file a workers’ compensation claim quickly.
Immediately reporting your injury and filing your claim can help you receive benefits much faster. Like other types of claims, workers’ compensation claims are also subject to filing requirements and time limitations that you must meet to pursue your rights. An experienced attorney at the Law Offices of Bryan Musgrave can help you meet all of the deadlines and requirements and work to recover all of the types of benefits that you should receive.
Third-Party Claims
Workers’ compensation benefits may not cover all of the losses that employees who are injured on the job might suffer. For example, injured employees are limited to recovering compensation for their medical expenses and a portion of their income losses if they are left with temporary or permanent disabilities. Families of fatally-injured workers may receive benefits to pay for their loved ones’ burial costs and funeral expenses as well as a monthly death benefit to replace a percentage of the victims’ former incomes. Workers’ compensation does not pay for an employee’s pain and suffering and other non-economic losses.
However, some cases involve third parties at the worksite. In this type of situation, a worker may file a worker’s compensation claim with his or her employer’s insurance carrier and a third-party negligence claim against the third party that caused the accident and injury. For example, a subcontractor working at a construction site who negligently causes an accident in which a different subcontractor’s employee is injured may be liable through a third-party negligence claim.
Third-party personal injury claims may be filed at the same time as workers’ compensation claims. While the employee will have to prove the negligence of the third party, the availability of third-party claims might allow the injured victim to recover damages for non-economic damages and any economic damages that are not covered through workers’ compensation benefits.
Talk to the Law Offices of Bryan Musgrave
Workers’ compensation and third-party work accident claims can be complex. Retaining an experienced work injury lawyer at the Law Offices of Bryan Musgrave may help you recover maximal compensation for your losses. Contact us today to learn more about your rights and how we can help you.
