Work injuries happen all the time, they are not unusual. But, have you ever asked yourself what legal options you have if you get hurt while working?
Findlaw.com made a survey and the results are not so surprising – one in five Americans was injured while working . But, besides obvious physical damage, injuries at work can also affect you financially.
Here you can read three legal options that can be used if work injury happens to you.
1. ‘’Worker’s comp’’ (or worker compensation)
This compensation is used to cover injured employees in the most states. The reason why worker’s compensations exist is very simple – they try to prevent the employee from suing the company he works for. So, worker’s compensation provides injured employee with fixed amount of cash. It is very important to check whether your state’s law, occupation and employer align so you can predict and prevent any possible problem in the future you may have. Have one thing on mind – you won’t be able to sue your employer after receiving worker’s comp. If a third party was responsible for your injury, then you can sue that party and file a worker’s comp claim at the same time.
After getting injured at your workplace, besides worker’s comp, you have one more option available – it’s workplace disability insurance. You (as an employee) have right to buy private disability insurance plan. If you have purchased it, you can use it to cover your injuries even if your employer doesn’t have that option. You will be compensated in this situation, that’s for sure, but the time you’ll need to wait for a compensation may vary (and it depends on whether you have short or long term disability insurance plan).
Also, there is one more thing, you don’t always need to buy disability insurance plan on your own – sometimes your employer may offer you that option. All benefits you’d get are strictly regulated by the federal government. Also, complex regulations are there to regulate the process of filing and receiving claims. Any error in filling can lead to a claim denial (you can always appeal, of course). ERISA lawyer can help you with filing your claim. This is not necessary, but you’d at least be sure there are no missed steps.
3. Lawsuit against the employer
It can happen that your job is not covered with worker’s comp. In this case, if you get any injuries while you’re on your workplace , you may sue your employer. Of course, everything depends on how serious your injuries are, and how the accident happen. One example: you can sue your employer under premises liability law if you slip and fall because he failed to clean it (or to put a warning sign, at least).
Just like any other injury, injury for workplace can also be very painful (and it can also separate you from your work from a while). So, whenever you’re not exactly sure what your rights are or how to get your compensation , you should hire a personal injury attorney (there are plenty of them in your area, you just need to look for one).