Work Injuries (3rd Party)
The term "workers' compensation" refers to
a system of laws outlining specific benefits to which
injured employees are entitled, and the procedures for
obtaining such benefits. Every state has its own workers'
compensation laws, which are contained in statutes, and
vary somewhat from state to state. In addition, there
are special, federal workers' compensation laws for employees
of the federal government and other, specific types of
industries.
Under the law in most states, every business must have
some form of workers' compensation insurance to cover
injured employees. Filing a workers' compensation claim
is similar to filing an insurance claim; it isn't a lawsuit
against an employer, but rather a request for benefits.
Keep in mind, however, that even if you file a workers'
compensation claim, you still may be able bring a lawsuit
if your injury was caused by someone other than your employer,
or by a defective product you used on the job, such as
a piece of equipment that malfunctioned.
Additionally, if your accident is not covered by workers'
compensation (for example, if you are an independent contractor
or because the company does not have workers' compensation
insurance), you may be entitled to bring legal action
against someone for whom you were working, just as you
could file a claim against any other person who caused
you personal injury. In such a case, you may be able to
recover compensation that you couldn't recover in a workers'
compensation claim, including attorney fees, compensation
for pain and suffering, and punitive damages (damages
to punish the party who injured you).
NOTICE: The information provided in this web site is
provided as a service to you, but in no way does it constitute
legal advice. Visiting this site nor contacting our office
to discuss your case does not constitute the hiring of
this office. Hiring this office is effective only upon
completing and executing an Attorney-Client Fee Agreement
with Randall J. Wolfe, PC. Randall l J. Wolfe, PC tries
to provide reliable information, but we make no claims
or promises about the completeness or adequacy of the
information. Nothing herein should be used as a substitute
for the advice of a competent attorney for your particular
situation. Further, in all injury claims, it is essential
that measures be taken promptly to preserve evidence,
investigate the incident question, protect applicable
statutes of limitation and have physicians or other expert
witnesses thoroughly evaluate any injuries. Because an
attorney can best help you accomplish all of these things,
if you have been injured, it is strongly recommended that
you contact The Law Office of Randall J. Wolfe or another
qualified attorney to evaluate your case as soon as possible.
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