When Can You Claim Injury At Work?

Employees who claim they have been injured at work usually have two options for dealing with their injuries: file a workers' compensation claim or sue their employer. These claims come in many forms, from physical injuries, such as broken bones, to emotional or mental injuries, such as depression or post traumatic stress disorder. Some of these claims result in litigation against the employer, which can be costly for the company and take a lot of time and energy away from other business operations.

However, it's possible to resolve your case with a workers' compensation claim without a lawsuit. There are certain legal requirements that must be met for an employee to successfully file a workers' compensation claim, and there are limits on the types of claims that can be made. This article will discuss the difference between filing a workers' compensation claim and pursuing a lawsuit and the advantages and disadvantages of each.

Filing a Workers' Compensation Claim

Workers' compensation claims are filed through the state's Division of Workers' Compensation. It is the responsibility of the employer to file the necessary paperwork. Employees who file a workers' compensation claim usually have two options for dealing with their injuries: file a workers' compensation claim or sue their employer.

These claims come in many forms, from physical injuries, such as broken bones, to emotional or mental injuries, such as depression or post traumatic stress disorder. Some of these claims result in litigation against the employer, which can be costly for the company and take a lot of time and energy away from other business operations.

Workers' Compensation Law Basics

In order to file a workers' compensation claim, the employee must prove that they are covered by the state's workers' compensation laws and that the injury occurred in the course and scope of their employment. The employer is required to provide medical treatment and pay benefits to the injured worker while they are recovering from their injuries.

A person is generally considered to be in the course and scope of their employment when they are doing something related to their job duties. This includes the transportation to and from work, work-related meals and breaks, and working while on vacation or taking leave from work.

The injury must also be compensable under the law. Compensability means that the injury or illness is caused by a risk of the workplace that is inherent in the work environment. Examples of this are an employee being struck by a falling object or an employee suffering an allergic reaction to an ingredient in the work environment.

The employer is not liable for injuries that are the result of a worker's voluntary actions, such as smoking or drinking alcohol on their own time.

There are also limits on the types of claims that can be made. For example, claims cannot be made for injuries that occur due to an illegal act such as murder, assault, or sexual harassment. A claim can also be denied if the injury was the result of intentional misconduct on the part of the employee.

For these reasons, it's important to consult with an attorney to ensure that your claim is valid.

What Are the Advantages of Filing a Workers' Compensation Claim?

There are several benefits to filing a workers' compensation claim. The main advantage of a workers' compensation claim is that it allows the employee to recover lost wages and medical bills without the added expense of a lawsuit.

In a lawsuit, the employee must hire an attorney and then try to convince a jury that the employer was at fault for their injury. The employee is also required to put up money to cover any potential damages.

Another advantage of a workers' compensation claim is that the employer is required to pay for the medical care and treatment that the employee receives while they are recovering. The employer may also be required to pay for any follow-up care or rehabilitation that the employee needs.

Disadvantages of Filing a Workers' Compensation Claim

Although filing a workers' compensation claim provides some benefits to the employee, it does come with some disadvantages. The main disadvantage is that there are limits to what the employer is required to pay. For example, the employer is only required to pay for certain types of injuries and treatments.

In addition, filing a workers' compensation claim can require the employee to be away from work for long periods of time. This means that the employee may miss out on income that they would have earned while they were recovering.

Another potential disadvantage is that the employee may be required to take a medical exam and pass a drug test before they can return to work. These tests are meant to ensure that the employee is safe to work.

Workers' compensation claims are a common way to deal with workplace injuries and illnesses. It is important to consult with an attorney about the details of your case before making a decision about whether to file a workers' compensation claim or pursue a lawsuit.