Workers’ compensation can provide people with the aid they need to continue paying for bils and provide for families when they are unable to go to work. When workers’ compensation is collected, not all of them involve some kind of accident where an employee was injured in the workplace. Some of these cases involve occupational diseases that were acquired over time due to the conditions of a work environment or the job that an employee performs. Carpal tunnel syndrome or occupational hearing loss are some occupational diseases that have been named in workers’ compensation cases.
What if a third party is involved in the incident?
In workers’ compensation cases, sometimes third parties are contributors to the accident that an employee suffered from in their work environment. A third party may have manufactured a product that was using during the incident where the employee was inclined to collect workers’ compensation to aid them. If they had a defective product or failed to uphold their standard, the employee can sue for liability in order to prove their fault. Although these employees are not able to sue their employers with the intention of also collecting workers’ compensation, they are able to file a lawsuit against a third party. If individuals sue a third party and win damages from the case, they may have to reimburse the workers’ compensation that they previously collected.
Can I be fired?
Although workers’ compensation was put in place to protect employees involved in accidents in the workplace, it also assists employers by protecting them from legal action. Workers cannot be fired after an accident just because they cannot perform their job due to injuries. They are protected due to workers’ compensation laws regarding accidents in the workplace. However, this does not mean employers are to blame for their accident either. Neither employers or employees are at fault for the incident that occurred in the workplace. With this in mind, employees are not able to file a lawsuit against their employer if they plan on collecting workers’ compensation due to their injury. In these situations, employees cannot be fired. They are protected through federal and state laws. This can protect them and their employer from facing any repercussions.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.