Workers compensation laws are intricate and are set up to ensure that neither the employee nor the employer bear the brunt of a work related injury in an unjust manner.
The common course of action based on personal injury law is to file a civil lawsuit and apply for punitive damages from the employer. This is no longer an option if you are covered by worker’s compensation claims insurance.
On the other hand, worker’s compensation claim laws are based on the no fault or strict liability system which ensures that the employee does not have to prove that it was unequivocally the employer’s fault that they suffered an injury. As long as the injury was sustained on the job or whilst undertaking a work related task, the employer is strictly liable to dole out worker’s compensation benefits.
Injured employees enjoy two kinds of basic rights under worker’s compensation laws. These are rights dictated by the federal system which is mainly a guideline of sorts and of course, rights bestowed upon them by their state of residence.
Right to employment is a federal law that ensures that no employee is discriminated against or fired on the basis of having filed a worker’s compensation claim.
The right to compensation denotes the exchange of worker’s compensation benefits claim with the right to file a civil lawsuit.
Finally, the right to treatment mandates that every employee whose worker’s compensation claim has been accepted has a right to proper and adequate treatment.
Rights bestowed by the State
State based rights are the ones that work on the guidelines set by the federal rights. You have the right to claim worker’s compensation benefits if you have suffered a work related injury or even an injury while on the job. The legal way to approach the matter is by filing for a claim and not by filing a civil lawsuit like a personal injury lawsuit. This is not needed as you are entitled to the worker’s compensation.
You do not have to prove that you did nothing wrong or that the employer was negligent. You are entitled to temporary or permanent disability benefits and death benefits are extended to the family under this right.
The task of submitting an accurate and comprehensive claim in view of the changes in the law might be daunting. The best thing to do is to hire a compensations lawyer to do the necessary on your behalf.