With almost all cases which go to litigation, there is someone who is found to be at fault and someone who is identified as the victim. When you’re hurt on the job, this can be a scary thought. While obviously you are the one who has been injured, you may be worried about your company showing that you caused the injury in the first place. This is a common concern for people who come into our office. Thankfully, we have been working this type of case for many years and know exactly how to handle the issue of blame when it comes to workers compensation.
One thing that makes it a little bit easier for us is that workers compensation is a “no fault” insurance. This means that in most cases there is no blame put on either party. Although it may have been a result of negligence on either group, this normally won’t affect your claim to reimbursement in whichever form is decided upon. Your reimbursement is typically paid out in one of two ways. This is either in wage reimbursement for the time you are out of work (which is typically two thirds of your normal salary), or in a lump sum. The lump sum is normally seen as compensation for either medical bills which may accrue or as payment for any partial permanent disability which may have resulted from your injury. Often in cases of workers compensation, both forms of payment are received by the victim.
Although the law states that an industrial accident is more or less a fact of life and therefore the fault of no one, many employers do take it upon themselves to go above and beyond what it required of them in regards to compensation. While they are required to pay for medical and rehabilitation services for anyone who is hurt under their care, many will also pay for work-hardening services which make it easier for the victim to return after a doctor has cleared them. This is because it has been shown to have a good investment turnover in the long run.
Although worker’s compensation does not find any specific person at fault, this doesn’t mean you shouldn’t hire an attorney to help you get everything you deserve. If you have been injured, call Collier and schedule your free consultation today.