Employers are required by federal law to have worker’s compensation insurance. If an employee is injured while he is working, he is entitled to have the worker’s compensation program pay for his medical treatment and provide a portion of his salary while he is recovering. Workers usually receive 60 percent of their pay. Once a company stipulates that the injury occurred at work, the employee begins to receive their benefits. In return for providing these prompt benefits, the law limits the ability an employee to sue their employer. However, some employers refuse to stipulate that an injury was caused by work. In that case, the employee should hire a Workers Compensation Lawyer in Hillsboro MO.
Many physical injuries develop over a period of time and are not immediately noticeable. When a meat cutter slices his hand butchering a side of beef, it is clear the injury occurred at work. However, if the meat cutter claims that he has nerve damage in his elbow, the employer may refuse to stipulate that the injury occurred at work. Mental or stress-related illnesses are even more difficult to link to a person’s job. An employee can appeal any claim denial to the state Worker’s Compensation Board. A Workers Compensation Lawyer in Hillsboro MO will know how to document his case to increase the probability that the review board will reverse the denial.
While the employee cannot usually sue their employer, there are times when the employee may sue a third party. This often occurs when the employee is driving a company car and is injured. If the car accident was caused by a second driver, the injured employee might be able to sue that driver for negligence. While the worker’s compensation insurance caps the amount of money an employee can receive, a third-party negligence lawsuit does not. An injured worker can also sue a third party for pain and suffering, which is not covered within worker’s compensation insurance.
A worker’s compensation clam and a third-party claim can be filed at the same time. If the third-party suit is successful, the employee may have to reimburse the employer for any money paid through the worker’s compensation program. The Wegmann Law Firm is one of the Hillsboro legal practices that represents injured workers. Please visit their website to learn more.
