Your employer is obligated to carry workers’ compensation insurance, which is no-fault insurance for all of their employees in the event that one of them suffers a workplace accident or illness. While these workers’ compensation benefits are yours by right, it can be incredibly difficult to procure them, as your employer and insurance company will undoubtedly look out for their own financial best interest before your own. Marc Brown can help you fight back, ensuring that you are compensated fairly for your injury and service to your employer.
Compensation in a Workers’ Compensation Claim
Workers’ compensation is no-fault insurance, meaning you do not have to prove “who did it.” As long as the injury occurred at work or in the duration of your employment, you should be able to receive the following benefits:
- Two thirds of your average weekly wages in wage replacement, depending on your degree of disability
- Full medical expenses
- Vocational training
Compensation in a Personal Injury Claim
You may be able to file Sumter personal injury claims against a third party, such as a property owner, if you were injured at work, in addition to filing a personal injury claim. In cases where an employer acts recklessly or intentionally harms an employee, the employee can file a personal injury claim against their employer. The key difference in a personal injury claim versus a workers’ compensation claim is fault; a personal injury claim requires that you prove that the defendant had a duty of care to you, and because that duty was violated, they caused your injury. Compensation from a personal injury claim includes the following:
- Medical expenses
- Future medical needs
- Pain and suffering
- Lost wages
- Lost earning capacity
- Mental anguish
- Loss of joy of life
Types of Work Injuries
- Traumatic Injuries—A traumatic injury occurs in a single moment of time, such as a slip and fall, a fall from height, a crushing injury, a blow to the head, or a traffic collision. These are the most serious and life threatening workplace injuries, which can result in fractures, traumatic brain injury, burns and electrocution, lacerations, contusions, and amputation.
- Overuse Injuries—The most common type of work injury is an overuse injury, or repetitive strain injury (RSI), such as tennis elbow, arthritis, tendonitis, white finger syndrome, hearing loss, and carpal tunnel syndrome. It can be difficult to prove that these injuries were caused at work, and employers often deny such claims, which is why your chances are improved if you work with an attorney.
- Workplace Illnesses—Certain illnesses can be developed because of a person’s line of work. For example, firefighters and other first responders are very likely to develop cardiac disease because of their employment. Illnesses developed over time from an employee’s job can be compensated for via workers’ compensation benefits. Furthermore, if you were exposed to a toxic substance, you may be able to file a toxic tort against your employer.
Call a Sumter Work Injury Attorney
Workers’ compensation lawsuits in Sumter are complex, time-intensive, and sometimes contentious processes. If you were injured on the job, an attorney can handle these legal matters for you, setting you up for success. Reach out to Sumter work injury attorney Marc Brown today at (803) 848-0008 to schedule a free consultation.