After an employee has been injured at the workplace, numerous obstacles may interfere with their recovery and getting back to work. Workers’ compensation companies can help employees by providing them with medical benefits and even a portion of the lost wages. Although this is essential for workers, there are some instances where workers’ compensation benefits are not enough. In such situations, workers’ compensation alternatives become very necessary.
When to go for workers compensation alternatives?
Ideally, when an employee gets injured at the workplace, they can file a worker’s compensation insurance claim. In this case, the employee cannot sue the employer for causing emotional distress, suffering, or pain. Further, workers’ comp only reimburses the employees for lost wages. However, injured employees have other options when:
- Willful and serious misconduct by the employer causes the worker’s injury
- Another company or worker is the cause of the worker’s injury
- The worker is an independent contractor and not an employee
- The employer broke the law by not embracing workers’ compensation insurance
What Happens when another company or employee is responsible for your injuries?
Workers’ compensation claims are only applicable to co-employees or worker’s employers. In the modern workplace, employees often work side by side with other companies. If the employee from the other company is responsible for the injuries, you can sue the third-party person with a civil claim for personal injuries. Accidents that take place in a leased building may take this direction too. Further, when defective products are involved in causing personal injuries, a product liability claim becomes applicable.
What if you are an Independent Contractor?
Workers’ compensation is only applicable to employees. Therefore, if you are an independent contractor, it means not benefit from workers’ compensation. However, you can pursue personal injury claims.
What happens if your employer does not have workers’ compensation insurance?
- While the law requires all employers to have compensation insurance, sometimes companies do not comply.
- In that case, the employee is likely to suffer in case of a personal injury.
- However, the statewide funds can help settle the employee’s medical costs in situations where the employer does not comply with the law of carrying workers’ compensation insurance.
- A professional workplace injury attorney can assist you in applying for the associated benefits.
Additionally, since the employer did not comply with the law of carrying worker’s compensation insurance, you can opt for a civil claim as an employee. The employer is supposed to pay for all bills involved in the employee’s injury.
Hiring the Best Workers’ Compensation Attorney
Numerous things can go wrong when an employee is trying to get back to their feet after a workplace injury. The best way to ensure that you can overcome some of the challenges is by working with the best attorney. Whether you want a workplace injury attorney or a worker’s compensation attorney, you should familiarize yourself with some of the essential qualities you should consider.
Since every attorney wants to create the impression that they are the best even when they are not, it is good to examine their track record closely. Additionally, there are numerous other factors that you may need to consider, which include the credentials, experience, and strategy of the attorney in question.
Need a great example? Check the Qcare claims system.