Workers’ compensation was put in place in order to help those that are injured in the workplace. This was to ensure that employees could not get fired right after going through an accident that made them no longer able to continue their duties. Through workers’ compensation, you may be entitled to monetary compensation for the incident that you have been faced with and the injuries you have sustained because of it. This compensation may include economic damages, which include compensation for medical bills, lost wages and lost future wages.
Individuals who have been injured due to a workplace accident should seek medical attention to make sure they are in good health and to document their injuries. This can prove the extent of the injuries to collect the proper amount of workers’ compensation. Through workers’ compensation, victims of an accident may also be entitled to benefits including medical care, supplemental benefits, social security benefits and death benefits, along with the above cash benefits. If an employee is not able to work anymore, they may be entitled to long-term benefits that can help them sustain their quality of life.
Who is at fault when I collect workers’ compensation?
When an employee collects workers’ compensation, no one is at fault. This means that employers cannot be blamed for the accident and injuries that an employee sustained. If an employee wants to file a lawsuit against their employer, they may not be able to collect workers’ compensation since this will lead to another form of litigation. The involvement of a third party in a workplace accident can lead to further legal action.
What if a third party was involved in the accident?
The involvement of a third party in a workplace accident complicates the matter. Workers can still collect workers compensation. However, they may wish to file a lawsuit against the third party. Since the third party is not their employer, they are allowed to file a lawsuit against them and collect workers’ compensation as well. Individuals may have to reimburse the compensation if they win the lawsuit against the third party and are compensated for their losses though.
MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.