Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
When an employee is injured at work, the usual course of action to take to get medical benefits and financial compensation is to file a workers' compensation claim. However, if you were injured due to unsafe working conditions, you might have other options available to you that could result in an increase in what you receive for your injuries. Before filing your workers' comp claim, here is what you need to know.
What Additional Option Is Available?
Depending on the state in which you live, it might be possible to take your employer to court if you were injured as the result of an unsafe working environment. Workers' comp benefits are supposed to safeguard employers from lawsuits, but even the law recognizes that some actions of employers can be particularly egregious.
For instance, if the state's Occupational Safety and Health Administration inspectors had notified your employer of unsafe conditions and it failed to take action within a reasonable period of time, your employer could be liable for your injuries.
Can You Still Get Workers' Comp Benefits?
You can still claim workers' compensation benefits, but you would get an increase in how much you are paid. How much you can receive depends on your state's laws.
To start the workers' comp claim, you need to complete an incident report and request for benefits with your employer. Your employer's insurance company will review the documentation and determine if you qualify for benefits.
What Happens When You Sue?
Once your workers' comp claim is submitted, you and your attorney can file a lawsuit with the court alleging that your employer's actions were egregious. It is important to note that the case you file in court has to meet the standards of other personal injury cases.
In addition to proving that you were hurt at work, you have to prove that your employer was directly responsible for your injuries. With your workers' comp claim, you only have to prove your injury was work-related and that you are truly injured.
Depending on the circumstances of your case, proving that your employer was particularly negligent can be difficult. Accidents happen daily in the workplace and unless you have proof that your employer was aware of a particular danger and failed to take action to make it safe, you could have trouble with your case.
To improve the chances that you are able to file a successful lawsuit against your employer, work with a workers' comp attorney as soon as possible.
For help with a workers' comp case, contact a law firm such as Law Office of Leslie S. Shaw.
Share21 December 2015
