Injury at Work

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Injury at Work

Some people go to work everyday with the inherent dangers involved in their job. Deep-sea fisherman and scaffold workers have to deal with some pretty dangerous situations, but just about anyone can suffer an injury at work. For these cases, state governments have put plans into effect to compensate those who suffer an injury at work.

Workers' compensation is a state-mandated insurance system that ensures employees who suffer work-related illnesses or injuries receive compensation. Worker's compensation laws provide money to pay for medical bills and replace lost wages. This is all performed without an injured employee having to prove fault on the part of the employee, the employer, a co-worker, a customer or someone else.

These benefits are only guaranteed, however, as long as the employee suffering an injury at work doesn’t sue the employer for negligence. Workers’ compensation hearings, if necessary, are normally administrative proceedings that take place in a separate court system. However, this does not preclude the bringing of a lawsuit against third parties who have accountability for the injury.

Each state has different laws regarding workers’ compensation and there is a lot of variance regarding the type of injuries that qualify, as well as the amount of money and benefits available. Because of that, it makes sense to contact a lawyer who specializes in this work to see what the benefit structure in your state is. Federal workers’ compensation laws are in place in addition to state laws. The Federal Employee's Compensation Act (FECA) provides workers' compensation benefits to federal employees who sustain job-related injuries or illnesses.

Just about any injury at work is covered, regardless of fault. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's carelessness or the employee's own carelessness. But there are some limits to workers’ compensation being an “exclusive remedy.”

There are certain situations that won’t be covered under workers’ compensation. Denial of coverage is likely in situations involving self-inflicted injuries, injuries suffered while an employee is committing a crime or injuries suffered when an employee's conduct violated company policy, like a policy against drug use or drinking on the job. These circumstances might also allow you to sue a co-worker who acted intentionally, for instance if you suffered an injury at work because a co-worker started a fight or was under the influence of drugs at work. Plain old carelessness is rarely enough to stop a claim from being processed under workers’ compensation.

Your injury at work does not have to be caused by an accident to be covered by workers' compensation. Compensation for repetitive stress injuries, including carpal tunnel syndrome and back pain that are caused by overuse or misuse over a long period of time can be under a claim. You may also be compensated for some types of illness and disease that are the gradual result of work conditions, including heart conditions, lung disease, and stress-related digestive problems.

Symptoms of repetitive motion injuries or illnesses develop over a period of time. This means that you might not connect a future diagnosis of the injury to your job. All workers’ compensation claims, including those that develop over time, should be reported as soon as an injury or illness arises, or your claim may be denied. The time you have to report a claim varies by state, but it will most likely be 30 days or less.

If you’re suffering from an injury at work, and you’re not receiving compensation or being unfairly compensated, contact an attorney. Avoid the runaround from your company by having an attorney look at your injury at work situation and decide on the best way to handle your claim.

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