When people go to work on a daily basis, they expect to go through their usual everyday routine. They do not typically consider what would happen if an accident were to occur at work. Regardless of what an individual’s profession is, there is always the chance of an accident taking place in the workplace. If this happens, employees should feel comforted knowing that workers’ compensation is available to them should they become injured on the job.
If an employee is injured at work, there is financial compensation available to them. Workers’ compensation is insurance that helps employees who are injured or receive an occupational disease while on the job. The compensation allows employees to receive benefits that assist them while they cannot work. In addition, employees may have the right to other benefits. This may include:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
It is important for an employee injured at work to report the accident to their employer or supervisor immediately. They must also file a claim if they wish to receive workers’ compensation. The Workers’ Compensation insurance carrier will evaluate the claim. This may include investigations and interviews to be conducted. This determines whether or not the claim filed by the employee is covered under workers’ compensation law. It is important to understand that when a decision is reached, both parties have the right to appeal the approval or denial.
Who is Responsible?
When an employee is injured at work, they often wish to hold someone responsible for their injuries. While it may be possible to hold their employer responsible, this can make for a hostile work environment. Instead, employees are offered workers’ compensation. When an employee receives this compensation, they can no longer pursue legal action against their employer. These circumstances may change if a third party was involved in the accident.
Third Party Lawsuits
An employee cannot take legal action against their employer for their injuries if they are receiving workers’ compensation. However, they may be able to pursue a personal injury lawsuit against a third party. If another party is responsible for an injury, they may be held liable while the employee still collects workers’ compensation. It is important to know that if the employee wins the lawsuit and receives further compensation, they may be required to pay back the workers’ compensation they received before the lawsuit.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact the Law Offices of George Poulos today.
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.