Workers' compensation is an insurance program mandated by the state to provide compensation to employers who suffer in jury as a result of work. This no-fault system (providing benefits without proving liability) pays eligible workers for medical coats and lost wages. As a result, the employee cannot sue the employer. (There are a few exceptions to this rule.)
In order to qualify for eligibility, the company you work for must carry or be legally required to carry workers' compensation insurance; the claimant also must be an employee of the person or company in question: and the injury or injuries must be work-related. There are several types of employment that are not typically covered by workers' compensation insurance. Seasonal employees, for instance, are not covered by the program. Likewise, contract employees (and consultants) and volunteers are not typically covered.
Federal workers' compensation systems govern compensation to those employed by the federal government. But with few exceptions, most businesses must carry workers' compensation insurance. If your employer indicates that they are not required, consult an attorney. Likewise, should your employer indicate that your position is not eligible to receive workers' compensation benefits, you should definitely seek the counsel of an experienced workers' compensation lawyer.
And, of course, there are many cases of injury on the job or job-related illness that indeed go beyond workers' compensation insurance and may warrant third party personal injury damages. You should always consult and experienced personal injury attorney in these cases.
The attorneys at Panio Law Offices have extensive experience in workers' compensation claims and filing personal injury claims that result from on-the-job injuries. We understand the exceptions that allow for litigation and are able to negotiate damages that go beyond workers' compensation benefits.
If you have any questions about workers' comp case, call (708) 928-8680. We can help.