A workers’ compensation claim arises when a worker is injured on the job. The worker has the right to file a claim and have the insurance company for the employer pay all of the medical bills related to the injury and a portion of the lost wages. The amount of the lost wages depends on the degree of disability the doctors find and the average weekly wage the worker was earning.
The Workers Compensation Law is a grand compromise of sorts. In the very early 1900’s, injured workers would have to sue their employers just to be able to get medical bills and lost wages paid. The law changed that so when a worker is injured while working, he or she will usually be automatically eligible for payment of medical bills and lost wages. There can be situations where the insurance company challenges whether the injuries were caused by the incident. For the most part, however, the worker is entitled to receive benefits. In exchange for this relatively easy system for getting medical expenses and wages paid, the worker gives up the right to sue the employer- even if the employer’s negligence caused the accident.
Keep in mind, however, that a workers’ compensation client may also have a personal injury claim against someone other than the employer. So, the injured worker may really have two claims: a Workers’ Compensation claim and a personal injury suit. Our lawyers will investigate this when the Workers’ Compensation claim is opened.
Workers’ Compensation claims are handled in special court. Often the procedure and terms will be very difficult for clients to understand. Our experienced team will take you through the process. For your convenience, we have attached a list of Workers’ Compensation terms and definitions.