Who is Liable For Workplace Injury?
In a way, this is a trick question. Whether a supervisor’s negligence, a co-worker’s carelessness, or even your own clumsiness caused a workplace accident, you should still be owed workers’ compensation. That is because in exchange for waiving your right to sue an employer, you are practically guaranteed coverage from an employer’s insurance. This means that workers’ comp is almost always the only legal remedy that injured workers and their families have. Just about every employer is supposed to have workers’ comp coverage by law.
Of course, there are exceptions to these general guidelines. There are times when you can sue an employer for a workplace injury, and/or that you could be entitled to additional financial damages on top of your workers’ compensation.
These instances can be rare, however, so be sure to speak to a legal expert about the matter as soon as possible. And while workers could sometimes be entitled to additional compensation, at other times, a worker’s coverage could be docked or denied. This could include instances when a worker purposefully injured him or herself, was drunk or high on the job, or was blatantly going against a business’ safety guidelines.
As these are exceptions to the general rule, most workers who are harmed on the job would be owed coverage from workers’ compensation benefits. That being said, this is still a technical, often complex legal process, one in which it is vital that you succeed. Otherwise, you could be left with an undeservedly denied claim, or with less compensation that you really need.
What are some of the workers’ compensation benefits you could owed? Depending on your case, benefits could include some of the following (notice that there is no compensation for pain and suffering):
- Weekly Compensation
- Compensation for Medical Bills
- Vocational Rehabilitation
- Permanent Impairment Benefits
If you want to understand and defend your rights, be sure to schedule a free consultation with a Board Certified workers’ compensation specialist today! You can also find out how an experienced personal injury lawyer in Raleigh can help when you fill out a free case review.
The Whitley Law Firm defends the rights of the injured throughout North Carolina, with offices in Raleigh, Charlotte, Kinston, New Bern, Jacksonville, and Winston-Salem. Call us now before your case expires!