With workers’ compensation cases, not all of them involve some sort of accident where an employee was injured at 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 the employee performed. Carpal tunnel syndrome or occupational hearing loss are some occupational diseases that have been named in workers’ compensation cases.
How can I collect workers’ compensation?
Workers’ compensation can help individuals who are suffering from an illness and can longer perform the duties that their job requires. Whether employees were involved in a workplace accident or acquired an occupational disease, they can be eligible for workers’ compensation. Through this, employees can gain economic damages for their incident. This means that they can recover monetary compensation for lost wages, medical bills and lost future wages. With this form of aid, individuals will not have to stress about losing their form of income.
When employees with an occupational disease look to collect workers’ compensation, they must file at a specific time. The paperwork must be filed either two years from the disability first being diagnosed or two years from the date the worker found out it was a work-related disease.
Although workers’ compensation was put in place to protect employees involved in accidents, it also assists employers. Workers cannot be fired after an accident just because they cannot perform their job due to injuries. However, this does not mean employers are to blame for their accident. Neither employers or employees are at fault for the incident that occurred. With this in mind, employees are not able to file a lawsuit against their employer if they plan on collecting workers’ compensation.
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. A third party may have manufactured a product that was using during the incident. 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.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, 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.
