Claiming Workers’ Compensation for a Workplace Injury
If an employee is injured at work or while performing a work-related duty, they are entitled to receive workers’ compensation to cover the subsequent medical bills and the time off from work. While most employees fully recover sooner or later, the compensation they receive is generally low compared to the pain and trauma they undergo during the treatment and recovery. Moreover, there is no clause to punish the employer for not having proper safety measures in place. To ensure that justice prevails, it is necessary that the injured employee or their family members get in touch with a personal injury lawyer to claim workers’ compensation.
In this post, we discuss the details of the provision. Read on.
Injury by a Defective Product
If a defective equipment or piece of machine is the reason for workplace injury, you may file a case against the manufacturer for not warning the business or employees about the fault in the product. The manufacturer will be asked to compensate the worker for lost wages, medical bills, and the trauma.
Related Post: What to Do when Involved in a Pedestrian Accident
Injury by a Toxic Substance
The chemicals and other substances that workers use could be toxic in nature and cause severe injury or illness. If a toxic substance is the reason for the injury, you may file a toxic tort lawsuit against the manufacturer. Some of the chemicals that could be present in these substances include silica, asbestos, radium, and benzene.
Injury Due to Employer’s Egregious Conduct
If an employer hurts the employee purposely, some states have the clause wherein, the injured employee can sue the employer for damages that weren’t covered by worker’s compensation. The states that do not allow this lawsuit are: Indiana, Virginia, Alabama, New Hampshire, Wyoming, Georgia, Nebraska, Rhode Island, Maine, and Pennsylvania.
Private employers in Texas can choose to opt in or out of workers’ compensation for their employees; they are not required to offer this insurance coverage. The employer is required to notify the employee whether or not they provide this coverage.
Injured workers are often limited to workers’ compensation and it is advised to seek the help of an attorney to file a personal injury claim. We, at Austin Lawyer Referral Service of Central Texas, can help you connect with an experienced lawyer to get a justified compensation for the workplace injury. Call us at (512) 472-8303 or toll-free 866-303-8303 and we will be happy to help. You may also email us directly by using our contact form.