Workers’ compensation 101: everything you need to know
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Navigating the complexities of the legal world is tough, especially if you’re not an expert. One of the most confusing and overwhelming legal matters to handle is a workers’ compensation claim. Maybe you’re in the process of making a workers’ compensation claim. Maybe you suspect you may need to make one but you’re not sure where to start. This guide breaks down all the important information about workers’ compensation claims that you need to know before moving forward in the process.
What is workers’ compensation?
Workers’ compensation, sometimes shortened to workers’ comp, is a government-mandated insurance system that provides monetary compensation to employees who become injured or disabled as a result of their employment. When an employee agrees to be eligible for workers’ compensation, they waive their right to sue their employer for negligence in the event of an injury. Workers’ compensation claims are sometimes also known as work injury claims.
What is the difference between workers’ compensation and personal injury claims?
The main difference between work injury claims and personal injury claims is establishing negligence. As was previously mentioned, employees who opt into the workers’ compensation insurance scheme cannot sue their employers for negligence. Personal injury lawsuits, on the other hand, are typically centered around establishing the negligence and fault of the other party. For instance, if you were to be injured in a car or truck accident that was not your fault, you and your legal team would be required to take steps to prove that the other driver was at fault. You can do this through the provision of medical records, insurance claims and eyewitness testimonies.
Are there any employees who can still sue their employers?
Yes. In the United States, there are two main categories of workers who do not fall under the workers’ compensation set-up and can therefore sue their employers: interstate railroad workers and crewmembers of vessels. Instead of workers’ compensation, interstate railroad workers are covered by the Federal Employers Liability Act (FELA) to sue their employer for damages if they sustain injuries on the job. Similarly, crewmembers of vessels are covered by a federal law known as the Jones Act, which authorizes them to sue for damages if they get hurt while working.
Do I need a lawyer to file a workers’ compensation claim?
Yes, it’s advisable to seek the aid of an attorney when filing a work injury claim. Not only will this lower your stress levels, but it will also save money, time and effort. This is especially true because the process for filing workers’ compensation claims has changed somewhat in the wake of the COVID-19 pandemic. Fortunately, lawyers have their finger on the pulse of these changes and possess the expertise needed to navigate them with ease.
Following a workplace injury, the last thing you want or need to worry about is handling complex legal matters all your own. By arming yourself with this information and hiring an attorney who specializes in workers’ compensation claims, you will greatly improve your chances at attaining the justice and compensation you need to move on with your life.