With Federal Workers Compensation You Waive The Right To Sue Regardless

Federal Workers compensation law has been designed to pay for the expenses of employees who are injured while carrying out their job-related duties. The law entitles these employees to receive medical care, lost wages as well as disability payments for these injuries. Known also as workers comp, this state-mandated program requires that employees receive payments, but because each state has its own workers’ compensation program, workers should check their own state’s benefits. To find out what state’s workers’ compensation you are entitled to, you can look on website of the U.S. Department of Labor.

When an Injury is Not Covered by Workers Compensation Insurance 

Workers’ compensation insurance covers those injuries which happen because of the carelessness of an employer or even another employee. While the range of injuries is broad, there are limitations and States can request drug and alcohol testing and deny the employee workers’ compensation benefits from the result of their findings. If the tests reveal that the employee was intoxicated at the time of injury, compensation will in all likelihood be denied. However if everything is above board, Federal Workers Compensation insurance covers long-term and permanent injuries. It will also cover problems which develop over a long period of time because of a injurious work-related activity such as carpal tunnel syndrome.

Because the benefits act as insurance, they preclude the employee from suing the employer for their injuries. The different states have brought out workers compensation laws to replace personal injury litigation so as to remove risk for the employer and the employee. Certainly from the employer’s side of things, workers’ compensation takes away that possibility of litigation which could lead to large damage awards. Yes, injured workers may sue the employer for reckless action, but in doing so, you waive the right to workers’ compensation insurance.

Appealing an Accident Case in Court 

The bottom line is that Federal Workers Compensation is an insurance program which is made compulsory by the government. For employers, they will say that a drawback for them is paying the premiums charged by the state. This expense must be paid, whether there is the chance of a workplace injury or not. However each state has exceptions, and these exceptions allow workers to actually by-pass the workers compensation statutes and to file a lawsuit.

It can be hugely frustrating for an injured employee to discover that after filing a workers’ compensation claim, their company disputes the validity of the claim. Once disputed, the state workers’ compensation board investigates the claim in order to make a decision. The injured employee is seen by a physician and if the board then rules that the claim is not covered, an appeal process is the next option. A hearing will be conducted and the employee can also appeal the case in state court.

Maximize Your Chances of Compensation

Many times it happens that animosity creeps in with Federal Workers Compensation cases because the employer believes the worker is seeking benefits not rightfully due to them. Injured workers facing this kind of obstacle can have their rights protected by considering legal counsel. This is because an attorney knows how to present the case in such a way as to maximize the amount of benefits the employee receives.