In terms of a workman’s comp injury or disability claim or suit, we are referencing any injury or disability that happens on the job.
Some people think workers’ compensation only comes in to play when the workplace has been “negligent” (obviously at fault). However, that is not always the case. In most situations, employees who are injured or disabled receive workers’ compensation insurance, no matter who was at fault for the injury. The insurance will generally cover ‘carelessness’ on the part of employee or employer. Of course, sometimes the claims will be contested or even denied if they are found to be frivolous, due to substance use by the employee, if they injury or harm was self-inflicted, or if the employee wasn’t technically “on the job”.
Additionally, workman’s comp (or worker’s compensation claims) don’t necessarily just apply to injury. It can also pertain to long-term illnesses or conditions created over time by the workplace – whether that be by work conditions (such as a “sick” building creating disease or other negative health impact) or even from performing a repetitive moment on the job (such as back injuries from lifting / bending and even carpal tunnel syndrome).
But again, workman’s comp benefits are basically insurance and if taken / collected, preclude the employee from suing his or her employer for a covered injury. Therefore, if you have been injured on the job, it is always best to talk to a personal injury lawyer you trust, prior to taking any benefit payment. Important to note is that workman’s comp benefits don’t ever take into account pain and suffering. It is always your right to choose to sue an employer for any reckless or intentional action that created / caused your disability or injury. Just remember, if you choose to do this, you will waive your right to workers’ compensation insurance. On the other hand, if your case is successful, the court has the leeway to award a broad range of damages, such as punitive damages, medical expenses, lost wages, pain and suffering, and mental anguish.
In any case, when you contact us after being injured on the job–or after having your health negatively affected from your job or becoming disabled due to your job or work conditions–we will lend a compassionate and knowledgeable ear and guide you to the best course of action for your particular situation.