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Thousands of Americans die and get disabled, partially or temporarily due to the injuries sustained at their work place. Heavy industrial equipments, moving machine parts and hazardous substances at the workplace can maim and disfigure the worker, causing
severe injuries such as blindness, traumatic brain injuries, paralysis, spinal cord injury, burns, amputations and sometimes depression and recklessness due to occupational stress.
All the companies in the United States of America, except in Texas, are covered under The Workers Compensation or Work Comp.
Worker's Compensation includes the medical costs incurred and the wages lost if employees are hurt while on duty.. The largest state fund is California's State Compensation Insurance Fund. Worksite injury lawyers who fight for the justice of the employees make sure that those who are injured or immobilized while on duty receive fixed financial assistance. Fixing the rules beforehand helps to avoid the hassles and the costs of taking legal action.
The worksite injury lawyers also fight cases for the family members of the deceased workers who were killed because of work-related accidents or illnesses. There is a state compensation board or commission for each state besides the usual worker's compensation programs and regulations.
A worksite injury lawyer can file a suit only if:-
• The employee is injured while carrying out the duties which come under the scope of the employment agreement or job profile.
• An individual is injured while carrying out a service required by the employer.
• An individual develops a disorder which is directly related to the nature of work.
Usually claims are covered under Worker's Compensation.
Types of Work-Related Injuries:-
Medical Claims with No Disability
These are minor injuries. Once they are cured, the employee can go back to work. The money for the medical treatment and related follow-up is paid by the insurance carrier.
Temporary Disability
It is the disability which can be overcome with the help of medical treatment. The insurance carrier pays for the lost income and also covers the medical costs. Temporary disability comes to an end once the employee is able to gain full employment.
Permanent Disability
It is not the same as medical disability. Permanent disability is the individual's inability to get back to the position held before he/she got injured. It is the job of the healthcare provider to keep a record that the injury has become stable now and that the employee is permanently impaired and unable to return to the previous position of work. Permanent disability is divided into partial disability and total disability.
Litigation against employers has reduced due to Worker's Comp. Most employees have no right to sue their employer for the injuries sustained at the workplace. Damages for pain and suffering and punitive damages are not available under the Worker's Compensation, though worksite injury lawyers can fight for extra compensation in very rare cases. Although, due to intentional malice and wrongdoing of the employer, if injury is sustained on the employee, it is classified as an intentional tort. Worksite injury lawyers get these employees get over and extra compensation above the Worker's Comp. Another exception, when an employer can be sued is when the safety and health environment of the workplace, where the injury has been sustained, is not in accordance with the rules and regulations laid down by The Occupational Safety and Health Act of 1970.
In most states, it is illegal under the Workers' Compensation laws to terminate an employee for filing a workers' compensation claim. If this happens, a worksite injury lawyer can be hired to sue the employer and often punitive damages are reclaimed to deter other employers from doing the same.
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