People go into work every day expecting to go through their typical daily routine. They do not usually think about an accident happening at their workplace. Regardless of what an individual’s profession is, there is always the chance an accident can happen at work. If this does occur, employees can feel relief knowing that workers’ compensation is available to help them if they become injured on the job.
If an employee is hurt at work, financial compensation is available to them through workers’ compensation laws. Workers’ compensation is an insurance system that helps employees who are injured or suffer from an occupational illness at work. This compensation allows them to collect benefits that assist them while they cannot work. In addition, employees may have the right to other benefits such as:
- Temporary total disability benefits
- Temporary partial benefits
- Permanent impairment benefits
- Disfigurement benefits
- Death benefits
It is important for an employee to report the accident to their employer immediately if they are injured at work. In addition to this, they must file a claim if they wish to receive workers’ compensation. The claim will be reviewed by the Workers’ Compensation insurance carrier to determine if the claim is covered by the law. It is important to know that both parties have the right to appeal the decision of a claim if it is approved or denied.
Who is Responsible?
When an employee is injured at work, they usually want to hold someone responsible for the incident. While it may be possible to hold their employer responsible, it can create an uncomfortable work environment. Instead of seeking reparations from an employer, employees can receive workers’ compensation. When an employee receives workers’ compensation, neither they or their employer is held responsible for the accident.
Workers’ compensation protects all parties involved, as employees cannot take legal action against their employer if they are receiving workers’ compensation benefits. Circumstances may change if a third party was involved in the accident.
Third Party Lawsuits
While an employee cannot take legal action against their employer while receiving workers’ compensation, they may be able to do so against a third party. If another party is responsible for their injury, they may be held accountable through a personal injury lawsuit. They may do so while still receiving workers’ compensation. It is important to note that if the employee wins the lawsuit and receives compensation, they may be required to pay back the workers’ compensation.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact Mattleman, Weinroth & Miller, P.C. today.
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.