If you have been injured, you may have to file a workers’ compensation lawsuit. However, this depends on where the injury occurred and the details surrounding the injury. Let’s take a look at some signs that indicate that filing such a suit may be necessary.
The Injury Occurred at Work
Injuries that occur at work or while carrying out tasks for an employer will generally be resolved through the workers’ compensation system. It is designed to help workers recoup lost wages and have their medical bills paid in a timely manner. It also does not designate fault to either the worker or the employer.
An Accident Didn’t Involve Gross Negligence
If an injury did happen at work, an employee in some states could file a personal injury lawsuit if it was the result of gross negligence. For instance, an employer could be negligent for not providing hard hats in a construction zone or failing to provide water in hot and humid conditions. However, absent such disregard for your safety, a case will be labeled as a workers’ compensation matter.
You Were out of Work for Several Days
In most states, you must be out of work for several days to recoup lost wages under a workers’ compensation claim. Otherwise, you will be reimbursed through any vacation or sick time that you had available.
You Had to Seek Treatment for Your Injuries
Generally speaking, you are entitled to seek reimbursement for any medical costs incurred because of a workplace accident. This is true whether you had to go to a doctor for an examination or needed several surgeries and medications to control symptoms related to your injuries. Typically, claims will be submitted to an employer’s workers’ compensation insurance company.
Your Employer Refuses to Acknowledge Your Injury
If your employer fails to acknowledge the severity of your injury, you should file a workers’ compensation lawsuit. This can be done with the help of attorneys such as those at Gilbert, Blaszcyk & Milburn LLP. An attorney may be able to gather evidence in your case or help you fill out a benefit application. If a claim is denied, an attorney may help with the appeal.
A workplace accident could result in significant injuries that take weeks or months to heal. This could mean a loss of income in addition to the cost of receiving medical treatment. Filing a claim for benefits may make it possible to provide for yourself and your family while out of work.
About the Author: Lizzie Weakley is a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. In her free time, she enjoys the outdoors and long walks in the park with her husky Snowball. You can find her on Twitter at @LizzieWeakley and on Facebook at facebook.com/lizzie.weakley.