Types of Compensation for Workplace Accidents

12 July 2021

Types of Compensation for Workplace Accidents

The term “occupational hazard” exists for a reason. Every year, there are approximately 7 million workplace injuries in the U.S. Those injuries can have devastating effects that go on for months, years, or even permanently. If you or a loved one experiences a workplace injury, It’s important to understand your rights and what you’re entitled to. Before proceeding with a claim, consult with a workplace accident lawyer. An attorney will help you figure out what kind of compensation you’re eligible for.

How to Request Compensation for a Workplace Injury

If your employer provides workers’ compensation insurance, you will need to file a claim through the company’s insurance provider. Many states require companies to provide workers’ comp to their employees. This assures that workers get the coverage they need. It also reduces the strain on the legal system since no lawsuits are needed.

If your company doesn’t offer workers’ comp and refuses to cover your expenses, you will have to file a lawsuit. A personal injury lawyer can help you obtain the compensation you need. Keep in mind, if your employer does provide workers’ comp, you cannot legally sue them. You may, however, be able to file a third-party liability lawsuit if an outside company was responsible. For example, say you suffered an injury on a construction jobsite. You could sue the manufacturer if your construction vehicle malfunctioned.

Compensation Eligibility for Workplace Injuries

When you experience an on-the-job injury, you may be entitled to compensation for the  following:

Medical Expenses

You should be repaid for all medical costs related to your injury. This includes hospital stays, doctor visits, medical testing, treatments, medications, and physical therapy. If your injury requires recurring treatments or medical devices, you should include this in your claim, as well. 

Lost Wages

If your injury requires you to take time off work, you’re probably losing income. Workers’ comp will typically cover a percentage of your hourly rate or salary. Some states also provide temporary or permanent disability assistance. The amount you recieve and duration depends on your specific case and the state laws.

Vocational Rehabilitation

When you suffer an injury that puts you out of work, going back can be a challenge. Vocational rehabilitation programs are designed to help you transition back into the workforce. You can include these program costs in your claim. 

Death Benefits

If someone dies from a workplace injury, their family is entitled to death benefits. This money should cover funeral costs and any other expenses related to death.

Non-Economic Damages

Unfortunately, workers’ comp doesn’t typically cover non-economic damages such as pain and suffering, emotional trauma, or reduced quality of life. To receive compensation for these damages, you’ll likely have to file a personal injury lawsuit. Your state’s laws could prohibit you from directly suing your employer. However, you could file against a co-worker or third-party company that was responsible.

Workplace Accident? Trust David Law Group to Get You the Compensation You Deserve

Whether you need legal counsel or would like to file a personal injury lawsuit, Davis Law Group has your back. Recovering from an injury is a difficult journey and we want to make the legal process as painless as possible. We are in this together; your success is our success. Let Davis Law Group get you the justice you deserve.