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Can
I sue my employer if I am injured in a work-related accident?
Employers are immune from suit
- you cannot sue your employer, but can only recover worker's compensation
benefits, either from your employer if he is self-insured, or your employer's
worker's compensation insurance company.
What
does a worker's compensation insurance company have to pay for?
Worker's compensation insurance
companies must pay all your medical bills for treatments related to your
worker's compensation injury for the rest of your life. In addition, the
insurance company must pay a percentage of your wage loss for as long
as you are disabled. Most worker's compensation carriers do not pay for
home modifications and van modifications, but often these items can be
negotiated by your attorney.
Can
I prove my work-related accident was caused by someone other than my employer?
It is crucial that there
be a prompt and thorough investigation into the circumstances surrounding
your work-related injury. This investigation should be accomplished by
trained attorneys, investigators, experts, and engineers whose job it
is to determine exactly what caused your accident. Photographs, witness
statements, and evidence must be secured as quickly as possible after
a serious work-related injury occurs.
If
I can prove a third party caused my injury, what can I claim in damages?
Unlike a worker's compensation
case where you can only recover a percentage of your wage loss and medical
bills, in a third party claim, you can recover lost wages not reimbursed
by worker's compensation, damages for scarring, for pain and suffering,
loss of companionship, emotional distress, loss of enjoyment of life,
etc.
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