Workers Compensation

For a worker severely injured on the job, workers’ compensation is often a key source of financial support during the recovery and rehabilitation. A workers’ compensation program is a state-operated and guaranteed insurance plan that covers medical bills and replaces lost wages for employees.

But many workers’ compensation programs limit benefits for seriously injured employees. Most replace, at maximum, only two-thirds of salary, exclude fringe benefits, and may be capped for cost-of-living adjustments. Workers’ compensation also usually offers no or little compensation for pain and suffering.

Seriously injured workers face other restrictions as well. Workers’ compensation benefits may be cut or ended if the worker is judged to still be able to earn money. Employers may also require a worker to take additional medical and vocational examinations to assess the extent of disability and lost earning power.

Other Protections

Injured workers, confronted by restrictions imposed by workers’ compensation plans, can seek legal counsel, which can sometimes identify other sources of financial compensation and recovery equal to the cost of the employee’s injuries. In some cases, investigating the accident scene and talking to witnesses can lead to third-party claims for compensation.

Injury Sources

Product Liability – Manufacturers of machinery, equipment, or safety gear may be held liable for failing to exercise all possible care in the products they market.

Inadequate warning or instructions – Some products have built-in hazards that cannot be eliminated from design since they would inhibit cost-effective operation. Warnings must be included for such products.

Contractor negligence – Outside vendors engaged to install equipment, design workstations, provide lighting, or support work processes may contribute to injuries.

Premises liability – Dangerous conditions at the worksite or elsewhere, such as a poorly designed loading dock or inadequate safety considerations, may also or contribute to an injury.

footer image