Laws require employers to carry a form of no-fault insurance that compensates employees who experience job-related injuries or illnesses. Workers' compensation benefits, however, are not automatic. A worker might discover that his or her claim has been denied or that the benefits offered by the employer’s insurance company fall short of what is needed to replace lost salary and to reimburse the employee’s medical costs and expenses fully.
If you are experiencing these or other problems with a workers comp claim, the Legal Helpers will connect you with a workers compensation lawyer who will challenge the insurance company and fight to get you the maximum benefits that may be available under the law.
An employee who suffers an injury or illness due to his or her performance of job-related duties will generally have a claim to recover workers' compensation benefits regardless of whether the employer, the employee, or a co-worker caused the injury or illness. The limits and available benefits vary from state to state, but those benefits will be available regardless of fault.
A lawyer in your state will be best able to describe the specific benefits provided under your state’s laws. However, even with state-to-state variations, a few threads are common to workers compensation claims:
In most cases, your employer will be insulated from a lawsuit claiming damages for your work-related personal injuries. This is because workers' compensation laws require employees to give up their right to sue in exchange for not having to prove fault when they file a claim for benefits.
Under limited circumstances, a worker may have a cause of action and a legitimate right to sue an at-fault employer. Those circumstances include:
The employee will have to prove that the employer or the other party caused his or her injuries. If the employee can prove that the employer is at fault, he or she will then be able to recover compensation for loss of consortium, pain, and suffering, and other types of damages that are not available through workers' compensation benefits.
The Legal Helpers will connect you with a knowledgeable and experienced workers' compensation attorney in your community to help you with your claim. We’ll help you find a lawyer you can trust to fight for the maximum benefits you are entitled to receive under your state’s laws.