Workers’ Compensation is a type of insurance that is purchased by employers to cover employment-related illnesses and injuries. It is state-mandated and consists of payments required by law to employees who are injured or disabled resulting from their job. Every state has their own Workers’ Compensation insurance program.
In many situations, employees that are injured can receive Workers’ Compensation benefits regardless of who is at fault for their injuries. However, receiving these benefits may preclude employees from filing a lawsuit against their employer for their injuries. Generally, Workers’ Compensation coverage includes payments for:
- Replacement income, usually 2/3 of the worker’s average wages
- Retraining costs, if necessary
- Medical care
- Compensation for injuries that become permanent
- Benefits for survivors of workers that are killed on the job
Workers’ Compensation benefits do not cover pain and suffering. However, it is not limited to incidental accidents. It is designed to cover problems and illnesses that develop over time by doing the same activity. An example of this may be carpal tunnel syndrome, a common repetitive workplace injury that can take years to develop.
It is possible to sue your employer for reckless or intentional actions that caused your injuries. If you choose to file a claim, you will waive your right to Workers’ Compensation benefits. If you are successful in your claim, the court may award you punitive damages, medical expenses, lost wages, pain and suffering, and mental anguish.
If you have suffered workplace injuries or illnesses and have questions about your state’s Workers’ Compensation program, the wisest course of action is to consult an experienced and knowledgeable attorney that is experienced in these types of claims. Finkelstein & Partners, LLP have been assisting clients in employment-related claims for decades. We have the skills and determination to protect your rights and ensure that you receive the compensation you deserve. Call us at 800-529-2676 or email [email protected].