Understanding Worker's Compensation Law
All too often, many accidents occur on-the-job. When this happens, the first step is to complete a worker's compensation claim. Sometimes, the accidents are mild enough that the worker will be able to return to his/her job in a few days. However, some injuries could cause an employee to be out of work for several weeks or even months. Other injuries are long term and can last a lifetime, thus reducing the chance of someone being able to maintain gainful employment. For example, a back injury to a construction workers could mean the injured person can no longer work in the same capacity as before the accident. During the time out of work, the employee may be able to claim and receive worker's compensation benefits.
Workers’ compensation does not excuse the employer’s gross negligence; it also does not excuse the negligence of a third party. Thus, for example, if you are in an automobile accident while driving for your company and the driver of the opposite vehicle is the at-fault driver, you may collect workers’ compensation from your employer and you may pursue a lawsuit against the at-fault driver. If your injury was caused by defective equipment on the job, you may collect workers’ compensation and you may pursue a lawsuit against the faulty equipment manufacturer. Thus, you can sue a negligent third party even though you are entitled to collect or are collecting workers' compensation benefits. In most states, you will be obligated to reimburse portions of your workers compensation benefits if you collect substantial sums from a third party, arising out of the same accident. But, there may be a difference, often a substantial increase, over the amount paid by a workers' compensation carrier.
Everyone has the right to a safe workplace and working conditions that don’t pose a risk of serious injury or death. Workplace safety actually ranks more important than pay and benefits. In cases with severe and long lasting injuries, the compensation might not be enough to cover all of the expenses, and it may not be enough to get one through tough times. Sometimes, people are unable to receive their benefits for one reason or another, and this can place them under a huge financial burden. In times such as this, it's important to seek experienced legal counsel. Attorneys who have experience in this area of the law will be able to help you achieve a fair settlement.
Worker's compensation law is confusing for those who don't have experience and knowledge in the area, and you do not want to trust your case to anyone but the best in the field. When an injured party has a qualified attorney working with them, they will be able to rest easy knowing that they have someone working to help them get the compensation they deserve.
Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by plaintiffs involved in pending, personal injury litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association as well as their ABA Advisory Committee, the State Bar of Michigan and the Injury Board.