Fighting for injured workers is one of the most satisfying things we do. A person’s identity is lost when the ability to work is taken away by injury on the job.
Regardless of your relationship with your employer, it is an insurance company that makes the decisions about payment for your wages and medical care. Insurance companies care only about their bottom line therefore you need the help of an experienced lawyer to fight for you.
Workers compensation actions differ from personal injury actions in many respects. In order to receive payments for your wages and medical bills, you must show only two things:
- That an injury occurred in the course and scope of work; and,
- You are disabled from your pre-injury job
If you are injured in the course and scope of work but are still able to perform your pre-injury job, you are entitled to have all the medical costs to treat your injury paid by the workers compensation insurance carrier for the employer.
The damages you are entitled to in a workers compensation claim are limited to lost wages and payment of medical bills. In rare instances, you may be entitled to damages for the loss of vision, hearing, disfigurement, or due to amputation a hand, arm, leg or finger. The procedure in workers compensation cases is also much different than in personal injury actions. There is an entire Court system designed and devoted to handling only Workers Compensation cases.
The Workers Compensation Act provides the sole remedy against an employer for an injury to an employee. The employee need not prove that the employer did anything negligent to cause the harm. The employee is not entitled to damages for pain and suffering or loss of life’s pleasures.