What You Need To Know About Common Worker's Compensation Myths
While most individuals will find that they are protected by worker's compensation insurance, a lack of information or awareness about this coverage can cause problems for those that have been injured. Being thoroughly informed about this type of protection will enable you to take full advantage of this protection.
Myth: You Will Have To Prove The Employer Was At Fault
Individuals will often find themselves hesitant about filing one of these claims as they may be worried about souring their relationship with their employer through contentious proceedings. Typically, liability for the accident will not be a concern when resolving a worker's compensation claim. Rather, the insurance will simply be interested in verifying the accident occurred on the job and that the employee was not under the influence of drugs or alcohol at the time of the accident. In the rare instances where there is a problem with the claim and legal action is necessary, the dispute will be between you and the insurance company rather than your employer.
Myth: You Can Sue The Employer For Additional Compensation After You File A Worker's Compensation Claim
When individuals have suffered serious injuries, it is important to recover as much compensation as possible. However, it is often assumed that it will be possible to both file a worker's compensation claim and a civil lawsuit against their employer. Unfortunately, this is not the case as you will forfeit the right to sue your employer for injuries covered by the worker's compensation policy. Interestingly, it may still be possible to file lawsuits against third parties that were responsible for the accident. For example, you may be able to sue the other driver if you were involved in an automobile accident while working.
Myth: Worker's Compensation Only Applies If The Injured Worker Survives
A workplace accident that results in a fatality can be a tragic event for any family to suffer. Sadly, some individuals will make the mistake of believing that this type of insurance only provides benefits if the worker survives the accident. However, these policies are required to provide death benefits to the benefactors of the deceased employee. The amount of these benefits can vary substantially as each state is responsible for establishing the regulations covering this insurance. To ensure that the death benefits offered by the insurance are fair, it is often advisable to have the settlement offer reviewed by an attorney as they will be intimately familiar with the local worker's compensation regulations for your area.
Talk to a lawyer from a place like Hardee and Hardee LLP.