Disclaimer: The material presented in this article should be considered general guidance only, and should not be considered as an alternative to appropriate legal advice. If you have suffered an injury at your place of work, we recommend that you seek the advice of a knowledgeable attorney in your area who has previous experience with personal injury cases similar to yours.
Typically, when you’re harmed, and someone else is responsible for the injury, you can file a personal injury lawsuit claim against the offender. However when you also have an injury at work, you can also submit a worker’s compensation case so that you will recover compensation for the medical bills and other relevant expenses To have a better grasp of these legal remedies, here are the key things to remember legally when you have a personal injury at work.
Knowing The Concept Behind Worker’s Compensation Law
If you’re injured at your workplace, what are the available remedies you can take advantage of? In this case, you may be thinking about instituting a case for worker’s compensation. A worker’s compensation law is a law that provides benefits to any worker who suffered an injury while working in the premises of the employer. It’s a law that protects the rights of every worker when something terrible happens to them which results in a loss of time to work and lost wages. This law is intended to make sure that workers who obtain workplace injuries are adequately compensated. When you’re hurt while doing your work, you can use the worker’s compensation law to get your medical bills reimbursed and to make a percentage of your salary available during the period of your injury. One of the goals of worker’s compensation law is to prevent the long process of filing a formal lawsuit against your employer before the Court of Law. Here are things you need to know when dealing with worker’s compensation claim:
- Expenses Covered – When you’re seeking relief from worker’s compensation law, below are some of the expenses it covers:
- Medical bills and other expenses.
- Retaining costs.
- Replacement of a part of your time during your recovery period.
- Benefits to the family when a worker dies on the job.
However, if you feel that you deserve something better than the expenses covered by the worker’s compensation law because of the severity of your injury, you can file a personal injury claim against your employer.
- The Process of Filing a Worker’s Compensation Claim – If you’re just running after the payment of your medical bills and other expenses, bringing up a claim under the worker’s compensation law will do. Below are the standard process for filing a worker’s compensation claim:
- Notify your employer about the injury – Report your injury to your employer in writing. A verbal notification is considered null and void. If you’re seriously injured, let your family member or relative report to your employer.
- Ask for medical assistance – Seek medical care from any healthcare service provider accredited by your employer’s worker’s compensation coverage. You can use the physician to support your worker’s compensation claim.
- Your employer will file a claim with the insurance company– Your employer is expected to file the claim with your insurance.
- The insurer will render its decision – Here, the insurance company will decide the claim based on the documents submitted. If your claim lacks information about the injuries and if they believe that your injury is not work-related, the insurer will not accept your claim.
- If denied, consult your case with an attorney – Yes, this is possible, especially when your claim for worker’s compensation has been denied by the insurance company. Your lawyer will check if you can appeal your case or not.
Understanding the Concept of Personal Injury Law
When your injury is work-related, and you know that someone or your employer has caused harm to you at work, the injury may be covered by the personal injury law. The personal injury law is defined as the legal actions involved in civil law cases which are caused by a wrongful act. Most personal injury lawsuits are anchored on the doctrine of negligence. The examples of negligence are medical malpractices committed by a doctor, auto accidents caused by a careless driver, and many more. These cases usually involve a private plaintiff looking for assistance by filing a case for recovery of compensation for the injury caused by the defendant. Here are the things to know when filing a personal injury claim:
- The Statute Of Limitations: When you want to file an action for a personal injury claim, it’s essential that you’re familiar with the time limits provided by law. These cases require a specific time frame wherein you can lawfully file your claim because if you fail to do so, you’re already waiving your right to go after the defendants.
- The Damages You Can Recover: Unlike worker’s compensation claim, a personal injury lawsuit covers a wide array of damages depending on the severity of your injury. When your injury incapacitates you to earn a living and do the things you usually do, these will also be part of the compensation you may be able to recover. When you’re suffering from mental and physical anguish and the financial burden due to exorbitant medical bills, you are also entitled to actual, moral, exemplary and other forms of damages provided by law.
- The Possibility of an Out-Of-Court Settlement: When your personal injury case has not yet reached its full-blown trial, you can still go for an out-of-court settlement. Here, both parties can decide for a settlement amount that the defendant will pay you as damages. This voluntary way of setting disputes is not costly and time-consuming.
- Choose An Experienced Attorney: When you institute a personal injury claim, select an experienced personal injury attorney. Your legal counsel will provide you with support throughout gathering appropriate documentation and will join you during all stages of the litigation.
So, these are the key things to remember legally when you have a personal injury at work. To protect your legal rights, know the laws of your State. By doing so, you can defend yourself, and you can use the laws in your favor.
Scott Jeffreys is a promising young law enthusiast that hopes to bring his youthful spirit in his field. He is currently writing for the Dolman Law Group, and tries to add a refreshing modern take to topics on the legal world that people can learn from. Scott enjoys his free time with friends and family, and loves to cook for them.