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Workers' Compensation Claims vs. Other Work Injury Claims

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Following a work accident, there are different channels through which an injured employee can recover compensation for their medical bills and other damages. The workers’ compensation system is generally the path that injured workers follow to receive benefits after an occupational accident. However, workers’ compensation is not the only way that an injured employee can receive coverage for their injury-related expenses. There are other ways to file a claim for work injury damages. You should know the details of these methods to determine which type of work injury claim is right for you — our attorneys can help!

Who is Held Liable?

Workers’ compensation is a no-fault system, so there is no liability assigned to any party. Regardless of who may be at fault for your injuries, your expenses will be paid through the workers’ compensation system and your employer or any other party will not be held accountable for the damages.

By filing an alternative type of work injury claim, you can hold at-fault parties liable for damages. In addition to third parties, you can potentially file a claim against your employer for their negligence.

Damages and Compensation

By filing a workers’ compensation claim, an injured employee and their family can receive compensation for medical bills, lost wages, job training costs, and other injury-related expenses (including funeral and burial costs if an accident is fatal). Coverage for non-economic damages, such as pain and suffering, is not available to workers’ compensation claimants.

Compensation for additional damages (including non-economic damages) may be available through a work injury claim that does not involve the workers’ compensation system. Other types of work injury claims allow injury victims to receive coverage for the damages that workers’ compensation does not cover.

The Claims Process

An injured employee must report their injury to their employer to begin the workers’ compensation claims process. After reporting an injury to your employer, you should receive a claim form. You will need to complete the form and return it to your employer to be filed. From there, you will communicate with your employer and their workers’ compensation insurance company until you begin receiving benefits. It is possible that a workers’ compensation claim could progress to appeals and in-trial litigation.

Work injury claims that are not handled through the workers’ compensation system resemble a lawsuit. Rather than handle the claim through your employer, the case will be handled in the court system.

Daspit Law Firm can help you recover compensation after a work accident. We will advise you on whether a workers’ compensation claim or another method is right for you, and will guide you through your case.

To schedule a free consultation with our lawyers, send us a message or call (888) 273-1045.

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All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.

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