Usually, when an employee is injured, workers’ compensation insurance will offer compensation. There are some exceptions to the rule though. For instance, workers’ compensation will not activate when there is no such insurance in place, when the employer intentionally injures the employee, or when the same thing happens due to the action of a third party. The same goes for less likely situations, like construction accidents that were caused by another entity, not the employer.
The Complexity of Workplace Accidents Laws
In some US states, the employee is capable of bypassing the compensation system. He can file a lawsuit when the employer intentionally hurt him or when there was some clear negligence in place. However, in some states, like Maine and Alabama, you cannot file for compensation in any circumstance. In addition, employees of the federal government are not allowed to sue their employer. In such situations, the work of injury lawyers is much more difficult.
Remember that if you are an independent contractor, you are not covered by laws surrounding workers’ compensation. This is only possible when being misclassified. Independent contractors injured at worksites can only sue for the appearance of personal injuries in situations that involve premises liability, negligence, and product liability.
After Being Injured
After an injury appears during a workplace accident, it is important to quickly file a report with the employer. As an example, when a truck driver is injured while driving the company vehicle, the employer has to be contacted so that the insurer offering workers’ compensation is aware.
You can be an independent contractor or an employee and still the important part is to go to the doctor after the accident. You will receive treatment recommendations you have to follow. There are states in which you will need to go through an extra independent medical evaluation to determine the extent of the injuries, but you still need to get treated as soon as possible.
If the employer does not have workers’ compensation insurance, the only option that remains is suing it for personal injuries. Damages can be obtained for pain and suffering too in this case, which is not an option with workers’ compensation claims. However, in this scenario, you have to prove the fault of your employer. This is not necessary with workers’ compensation since the insurance policy only really requires that you were injured while on the job.
Getting Help from An Attorney
As you can easily notice, there are several things that could make your situation complicated. Unfortunately, not all employers have workers’ compensation insurance and there are cases in which insurance companies simply do not want to pay because they are not happy with some of the evidence offered.
The best thing you can do in any US state, regardless of the laws that apply, is to contact an expert personal injury attorney. This specialist will help you to get the right compensation for the injuries you suffered, and it is so much easier to navigate the complicated legal system with the help of an attorney in your corner. And most personal injury attorneys worker based on a contingency fee so there is nothing to lose when you hire them.
