How does a work injury arise?
A work injury claim arises when a worker is injured on the job. Such a claim takes the form of worker’s compensation claim. It is worthy to note that such a claim is a strict liability one and there is no requirement that the employer be at fault. It is worthy of note that a party may also institute a third party claim for compensation of any injury sustained and which is attributable to a person other than the employer. In this case, a third party is a person other than the employer but who causes some harm against the employee. To that extent therefore, a claim can be pursued against the third party who caused the employee to be injured. It is advisable to bring such a claim with the help of a work injury lawyer.
Workers Compensation Attorney
This is the benefit that an injured employee gets after successfully bringing a claim. The compensation arises out of work related injury and it does not necessarily mean that there should be serious injuries. The compensation shall include lost wages that arose principally from a workplace accident.
What is an example of a work injury Third Party claim
An example of this is drunk truck driver who crashes into the employee to the extent that the employee is injured. In the circumstances, the employee can recover workers’ compensation benefits and can also make a claim the involved truck driver. The other option that is available is to file a lawsuit against the truck driver and the trucking company whom all cumulatively become known as a third party.
What does a work injury claim not cover?
It has been noted that most workers’ compensation payments are minimal. However, the same cannot be overlooked. The employee who opts to pursue the claim may not be able to recover enough compensation to fully cover his or her medical expenses and lost income through workers’ compensation alone. Thus, it goes without saying that third party claims are brought to complement the other available remedies so that the injured worker gets all the medical expenses, lost income as well as any other necessary remedy including the social security disability benefits.
What are the parameters that must be adhered to when pursuing a work injury claim?
It has also been noted that there are certain parameters that must be kept in mind while taking the option of pursuing a third party claim. For it to be successful, the claimant must prove that the third party is at fault or is negligent for the employee’s injury. All the elements of negligence must therefore be proved which include: the existence of duty of care, breach of the duty and causation of damage sustained by the employee. These elements must be established in a mutually sequential manner.
There are some requirements also regarding complaints against products of a manufacturer which cause damage to the employee. Majorly, the main claim against a manufacturer has to be a strict liability claim in which the product manufacturer can be held liable just by proving that there was a defect and that it caused the worker’s harm.
It should be noted that third-party claims may have some impact on insurance and other related causes. In a claim for negligence against the company for example, the employee may recover from the insurer on the basis of the doctrine of subrogation. Subrogation, as a doctrine of insurance, enables the company to recover the money which it paid out for medical treatment and lost wages in the cause of dealing with claims. It is worthy to note that the doctrine of subrogation varies from one state to the other. The claim by each company will depend on the situation.
The amount that can be recovered from subrogation is also subjected to scrutiny as well. To that extent therefore, it is noted that the subrogation amount that can be recovered is normally limited to the amount of the employee’s compensation benefits that were paid to the employee. The question that is to be asked is on who caused the damage or injury so that liability can be apportioned to either the employer or a third party.
Work injury attorneys
Once one is involved in a personal injury, he or she must engage the services of a work injury lawyer is crucial when one wants to successfully sustain a worker’s compensation claim arising out of a workplace injury.
A work injury lawyer must therefore be present during the filing of the workplace injury Claim. Work injury lawyer/workplace injury lawyers are crucial in the pursuit of compensation of a worker who has been injured on the job.The work injury lawyer/workers compensation lawyer/work injury lawyers/workers compensation lawyers, being from a workplace injury law firm must have the requisite knowledge and expertise in a personal injury claim.
Who can commence workers compensation claim
It is a concern also that third-party claims are not brought out just for that sake. They are complex and involve different types of law depending on the states. The law that is applied and utilized include workers’ compensation and personal injury law making the process a big one.
Commencing third-party claims is a process of law that has compliance. It is worthy to say that an employee who is injured while at work is duly entitled to receive workers’ compensation benefits. The purpose of such benefits is to cover their medical bills and lost income.
Are there glaring challenges with regard to compensation you deserve?
Further, there is a glaring challenge as far as compensation is concerned. To this extent, it is opined that there is no provision to compensate workers for their emotional trauma, loss of independence and/or pain and suffering sustained during such processes.
Nonetheless, an employee is entitled to recover the said remedies from a third party under third party claims. Specifically, where negligence is raised as a point of concern, a lawsuit in a civil nature is brought to ensure that such damages are awarded to the employee who is injured. This is the rationale behind the urge to take up third-party claims because of its wide nature of scope in remedial point of view.
There are various grounds for the institution of a third-party lawsuit. For example, an employee injured by a third party can typically file both a workers’ compensation claims and a separate third-party claim or lawsuit against those responsible for his or her injuries. This is what has been noted as opening huge remedial measures than even instituting compensation claims alone. Further, it is noted that employee’s compensation claims are no-fault. The employee need not demonstrate that the employer was at fault. In third party suits however, the employee must demonstrate beyond peradventure that the third party caused the damage. There must be a link between the injury and a third party.
What are the factors to be proved under third-party liability claims?
Various factors have to be proved under third-party claims. First, the employee sustained a work-related accident. Secondly, the third party owed the employee a duty of care. Thirdly, the third-party failed in this duty of care as to occasion breach of the same. Fourthly, the employee was injured as a result of a work-related accident.
Upon establishing the foregoing requirements on a balance of probabilities, the employee is subject of compensation as a matter of right.
A classic state scenario is given of Texas in which the statute of limitations is just two years from the date of employee’s injury. The claim for compensation must thus be done within the shortest time possible to avoid being caught by limitation.
Third party claims involve entanglement of various laws and to that effect, the right to legal representation is key.
There are various options available to any person who is injured at work. the first option is that of filing an employee’s or worker’s compensation claim. In Texas, it has been noted that, filing a workers’ compensation claim is often times a more complex and tedious process than it should be. Parties can opt for third party claims for being expedient.
Another disadvantage related to instituting a workers’ compensation is that the employer may do everything within their reach to block the employee from accessing the benefits.
There are various types of workplace injuries in the employment field and law. As a matter of fact, workplace injuries can be caused by many types of equipment malfunctions at the site. Further, other safety failures due to negligence of employers, contractors, business owners or fellow workers also known as third parties could result in such injuries. Amputation is the most common type of workplace injuries that is sustained by employees while undertaking their everyday duties. Dealing with machines and other kinds of mechanization is the point which such injuries to the employees as to necessitate compensation.
Traumatic brain injuries (TBIs) and also spinal cord injuries which in some instances can and do even result in partial or total paralysis is another set of workplace injuries. This category of injuries is severe and incapacitates one to the extent that the same can lead to permanent dislocation and incapacity. The effect of this is to raise the value for compensation to the victim.
There are other types of injuries which include crushed or mangled limbs, broken bones, burns, electrical shocks, falls and in some instances benzene exposure. These exposures are dangerous and harmful and result in causing cancers such as leukemia and are always life-threatening in various facets.
The most common types of injuries that occur at the workplace occur in construction and industrial arenas. The same are said to be more likely to suffer debilitating injuries and construction injuries.
Sample reports show that though America’s worker deaths declined by 8 percent during a recent 15-year period, in that same time Hispanic worker deaths increased by almost 80 percent.
Most vulnerable are young Hispanic immigrant workers for small construction companies, according to the National Institute for Occupational Safety and Health (NIOSH) and the American Society of Safety Engineers (ASSE).
The majority of Hispanic-related deaths and injuries at work are due to the fact that their employers failed to train their workers properly. Such negligence by employers can lead to a favorable settlement or a workplace injury lawsuit are dealt with by representation of duly qualified workplace injury lawyer/work injury lawyers. It is an avenue for ensuring that employees get their duly entitled compensation when injured.
Workers compensation benefits
Workers have a legal right to file a workers’ compensation claim with their employer who has taken insurance from an insurance company. The insurance company must be reputable. Further, they have a right in some cases to file a work injury lawsuit against a contractor, fellow worker or business owner, or against an employer who doesn’t carry workers’ comp. third party claims arise in the latter limb.
Workers’ comp laws in Texas provide benefits as part of an insurance program that’s managed by the state’s Texas Department of Insurance. It is important to get acquainted with the same.
This workers’ comp program provides medical benefits and pay to workers who suffer injury or illness due to work. But it also protects employers from civil lawsuits brought by injured workers. It should be noted that the injury suffered need not result into a permanent disability.
There is a big problem associated with the foregoing. One part of a bigger problem is that since workers’ compensation laws first were enacted nationwide in 1917, Texas has been a business-friendly state at the expense of hard-working Texans who need protection from all motives.
As a matter of fact, it is noted that Texas is the only state in the nation which allows employers to choose whether or not to provide workers’ compensation insurance. Thus, not all employers in Texas provide workers’ compensation insurance, although most do. Employers who don’t provide workers’ comp could, in fact, face a work injury lawsuit.
Third party claims for compensation to that effect remain the most viable of the various available remedies in most instances.
It has been noted that the workers’ compensation packages are wide in scope. To that effect, it is noted that workers’ compensation coverage comes with various different kinds of benefits namely income, medical, death and burial. First, income benefits provide part of the wages that a worker loses due to a work-related injury or illness. They also pay for permanent impairment to a worker’s body. The second perk is that of medical benefits which provide payments for reasonable and necessary medical care to treat a work injury or illness. Death benefits form the third component which replaces part of the missing income for eligible family members of workers who are killed at work. the final benefits relate to burial benefits which pay for some of the deceased worker’s funeral costs in the unlucky event of occurrence of death.
As already been stated, one cannot seek compensation for mental anguish and pain under employee compensation. However, if the employee is able to file a work related injury lawsuit either by themselves, through a law firm or an injury lawyer, payments for pain and suffering can be included in that claim.
A big legal question that normally arises is on whether a party can be terminated while under compensation. The Texas law does not permit that. As for whether you can get fired or lose your job after making a workers’ compensation claim, Texas law says no. This can be discerned from the provisions of the Texas Labor Code Chapter 451 which stipulates that employers cannot retaliate against an employee for his or her workers’ compensation claim.
It is worthy to note however that termination of an employee receiving workers’ compensation is legal if the same is based on misconduct unrelated to the workers’ compensation claim.
In conclusion, it is clear that there are several issues related to work injury. These issues include lost wages that arise majorly due to a workplace accident. As highlighted above, a workplace accident or workplace injury arises only if the employee is injured on the job. It is therefore clear that one of the elements to be proofed while sustaining a workplace accident claim is that the employee must have been injured on the job.
It is also clear that a work injury lawyer/work injury lawyers play a very big role in ensuring that the injured employee benefits from the workers compensation system. The workplace injury attorney or work injury lawyers must have the necessary expertise so as to ensure that the injured worker benefits.
Further, workplace accident injuries are not only attributable to the employer but also to third parties. It is evident that besides instituting workers’ compensation, the remedy of third party claim is wide in scope and by all means ensures that the remedies prayed for by the employees are not limited. It is also true that the two remedies are distinct though interrelated. The main fact is that both can be instituted concurrently.
In the event that you have been been involved in a workplace accident arising principally from the negligence of other people, call our office at (818) 975-3080 for a free consultation with our work injury lawyers.