3 Things You (and Your Employer) Might Not Know About Workers Comp Claims
Most people know that if you become injured while at work, you’ll likely need to file a workers compensation claim. But these cases can be extremely nuanced and complicated to file, which is why you should always work with a workers compensation attorney. Your lawyer will help you file your claim in a timely manner and will alert you of procedures you’ll need to follow given your location and particular case. Still, because these cases are so complex, there are a lot of things that both employees and employers don’t realize about workers comp claims. Here are just a few.
- You can’t file a claim for ALL injuries
While most job-related injuries will be covered, there are a few types damage you can’t file a claim for, even if they happened at work. Workers’ compensation will usually not cover any injuries that were the result of a felony, company violations, a fight started by the employee, alcohol or drugs use, or that were self-inflicted. Your attorney can give you a clearer idea about whether your illness or injury will be covered under a claim.
- You CAN file a claim for injuries sustained off-site
It’s true that not all injuries will be covered under a workers’ insurance system. However, you may be able to file a claim even if you sustained personal harm while outside your physical workplace. If you were injured while traveling for business or running an errand for your boss, for example, you could file a claim. You could also potentially file a claim if you were injured while attending a conference or expo. In addition, injuries that happen gradually as a result of your job — like stress-related illnesses or carpal tunnel syndrome — could also warrant a claim.
- Additional lawsuits COULD still be filed
Generally, workers’ comp claims will protect an employer from being sued by the employee. In 2015, employer costs for employee compensation averaged at $33.37 per hour worked. Understandably, employers wouldn’t want to contribute to an additional settlement. But while filing an additional lawsuit isn’t usually an option, there are instances where it’s allowed and makes sense to do so. If an employer acts in an irresponsible or negligent manner and this behavior results in an employee injury, that employee may be able to sue their employer for pain and suffering on top of their other claim. Since employee compensation claims don’t include financial settlements for pain and suffering, this may be a viable option in certain cases. Although it’s rare, your workers compensation attorney will be able to ascertain whether this might be the right course for your case.
If you’ve been hurt at work, you may be entitled to financial compensation for your injuries. At the Law Offices of Craig L. Cook, our team will help guide you in the right direction and will fight on your behalf to get what you deserve. For more information, please contact us today.