Is the employee liable for a workplace accident?

When an employee is injured in an accident at their workplace, they may be frightened to lose their job. If they suffered injuries and are unable to work, this can put them in a position where they need compensation as well. There are laws in place to protect not only these employees, but their employers as well. Employees are not held liable for their workplace accident. They can seek workers’ compensation if they are injured and unable to carry out the required tasks for their job. However, employers in this situation can be protected as well. When an employee is injured and collects workers’ compensation, an employer cannot be deemed liable for the incident that occurred.

Workers’ compensation is a useful tool that injured employees can utilize to provide money to cover expenses that have piled up due to an employee’s accident in the workplace. It can provide economic damages that can cover the cost of medical bills, lost wages and lost future wages. Through workers’ compensation, victims of an accident may also be entitled to benefits including medical care, supplemental benefits, social security benefits and death benefits, along with the above cash benefits. If an employee is not able to work anymore, they may be entitled to long-term benefits that can help them sustain their quality of life. With all these benefits, individuals are able to provide for themselves when they are unable to work. They may not face as serious of a financial situation due to the buildup of medical bills. Also, they will not have to face the situation of filing a lawsuit against their employer in order to receive damages.

What if a third party is involved?

A third party’s involvement in a workplace accident can cause employees to seek a different approach. A third party can be held accountable for their fault in the incident and the injuries that the employee endured as a result of the accident. The injured employee is able to seek workers’ compensation. However, if they win a lawsuit against a third party, they may have to pay back the workers’ compensation. This is because the damages won from the lawsuit could cover their expenses and medical bills. Since the third party is not their employer, they are able to file a lawsuit and collect workers’ compensation. If the employee was to sue their employer, they are unable to collect workers’ compensation.

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.