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Worker's Compensation

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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