How To Get Compensated After An Accident At Work: To Sue Or Seek Workers’ Compensation?

Posted by on Aug 1, 2016 in Uncategorized

Generally speaking, when you get hurt at work, the last thing you want to worry about is how much the treatment is going to cost or if you’re going to have to fight with your boss about filing a workers’ compensation claim. You assume your workplace is covered, and you just want to get better so you can get back to work. 

Sometimes, workplaces aren’t covered, though, or workers aren’t covered under workers’ compensation laws. So, should you sue or go through workers’ compensation? Here are a few tips that can help you decide. 

Are You An Employee?

If you’re not an employee, forget seeking workers’ compensation. Freelance workers are not employees, so they’re not going to be covered by state workers’ compensation coverage. You may be covered by the workplace’s private insurance, but if not, then you will need to seek a claim through other methods. Usually, that will mean seeking a claim for negligence against the employer through a civil lawsuit. Unlike workers’ compensation claims, this claim directly states that the injury you suffered was a result of a negligent act or a hazard in the workplace that should have been preventable. 

Is Your Employer Covered By Workers’ Compensation?

If your employer has workers’ compensation insurance, then you should be able to seek a claim directly any time you’re hurt on the job. If you are a driver, that means any time you’re behind the wheel of the truck performing your duties. If you’re working in a facility, any time you are at your place of employment, you’re covered. If your employer doesn’t have workers’ compensation or private insurance, then there’s a big issue. Workers’ compensation or private insurance coverage is required in all 50 states by law. If your employer does not carry insurance, then you can sue him for compensation if you get injured, and he may be fined by the Occupational Health and Safety Administration. 

Was a Third Party Responsible?

If a third party was responsible for your injuries, you may not be able to seek workers’ compensation or may have a harder time getting your employer to cover your injuries. Even if you do get workers’ compensation coverage, the Bureau of Workers’ Compensation may not provide you all you’re entitled to. You may also be able to sue the negligent third party that caused your injuries, whether it was the designer of defective equipment or a dangerous temporary employee. 

These are a few situations that could occur; if you’re unsure of what you’re entitled to, any workers’ compensation attorney can help. 

If you’re an employer looking for excellent coverage for your employees, contact Divers-Savage-Mcpherson Insurance Agency