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.