Friday, February 12, 2016

Understanding the Legal Ramifications of Workplace Injuries

Originally published by Robert Kraft.

Understanding the Legal Ramifications of a Workplace Injuries

The general rule in most states is is that if you’re injured during the course and scope of your employment by an anticipated and foreseeable risk of that employment, your sole and exclusive remedy is through the Illinois Workers’ Compensation Act. Pursuant to the act, these are some of the benefits that injured workers might be permitted to claim.

Medical bills
All reasonable medical expenses in connection with the work injury are covered. There are no deductibles or patient payments.

Choice of physicians
In some states you’re entitled to two free doctors of your choice. If your free doctor refers you to another doctor, and then that doctor refers you to yet another doctor, you’ve only used one doctor.

Temporary total disability
If you’re temporarily out of work as a result of your injuries, you’re entitled to temporary compensation. That’s usually a sum equal to two-thirds of your average weekly gross weekly wage. If the resulting disability is total and permanent, you can be eligible for lifelong benefits in the form of two-thirds of their average gross weekly wage, in some states.

Permanent partial disability
This form of compensation usually comes in the form of lump sum compensation from a settlement. Partial loss of a body part is considered as a percentage lost from the man as a whole.

Third party liability
It’s not unusual for an employee of one company to be injured as a result of the negligence of an employee of another company. That’s called third party liability, and it’s often seen in the context of construction accident injuries. As per the injury law firm of Speers, Reuland & Cibulskis, P.C., Illinois law permits an exception to the sole and exclusive workers’ compensation remedy rule when a worker is injured by the negligent acts of somebody from another company. The injured worker can claim workers’ compensation benefits from his or her employer and directly sue those responsible for their injury at the same time. The law won’t allow a double recovery though, so it permits a workers’ compensation lien on any recovery in a third party case.

Workers’ compensation law is complex. Injuries might force a worker to take a lower paying job. A wage differential award might be warranted, or vocational training might be ordered. Survivor benefits can also be sought in the event of a fatality at work. Each state’s law is different, so a knowledgeable, experienced and successful workers’ compensation attorney is in the best position to advise an injured employee of what compensation might be available.

This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her four-year-old husky Snowball.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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