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If you happen to obtain an injury at work, it's likely that your only source of recovery will be a workers compensation claim. The good news is, making a successful claim through workers compensation is usually easier that pursuing a personal injury action. Unless you were seriously or permanently injured, you probably won't need to hire a lawyer. Workers' compensation law mandates insurance coverage for on-the-job injuries. The process for filing a workers' comp claim varies from state to state, but nearly always involves an employer, the injured employee, an insurance provider, and medical professionals.
All fifty states require employers (of a certain size) to provide workers' comp coverage for their workers. There's also a federal layer of workers' compensation covering many government employees. It is essentially a no-fault system, designed to provide benefits to employees while protecting employers from lawsuits. By sidestepping the court system and the need to prove fault, the entire process is considerably streamlined. Workers' comp benefits are typically limited to medical costs and partial compensation for lost income (generally 50 to 70 percent of pre-injury wages). Benefits normally don't include compensation for pain and suffering. Serious injury cases may involve permanent or partial disability, resulting in a permanent stipend and/or a lump sum settlement.
Workers’ comp claims can include; aggravation of pre-existing conditions, injuries sustained on company property or at a company-sponsored activity, and injuries caused by company-owned assets, like mechanical equipment. However, workers' compensation typically doesn't cover injuries resulting from horseplay at work, or injuries sustained while drunk or in an impaired state. Likewise, only a few states provide coverage for employees injured while traveling to and from work, unless that transportation is provided by the employer. Although most work injuries do not require the assistance of an attorney for workers’ comp, if you feel that you are not receiving enough, please feel free to consult a trusted attorney.
Although most work injuries do not require the assistance of an attorney for workers’ comp, if you feel that you are not receiving enough, please contact John K. Zaid & Associates, PLLC today at (281) 333-8959, or simply stop by our office to set up your free initial case consultation.