What is worker's compensation?
Worker’s compensation is a type of insurance purchased by employers. It compensates employers in the event that they are injured on the job. To be eligible to receive worker’s compensation, your injury must have arisen out of and in the course of your employment.
In addition to compensation for the injury itself, worker’s compensation typically covers the employee’s medical expenses as well. If a worker is killed on the job, worker’s compensation pays death benefits to the worker’s surviving spouse and other dependents. Worker’s compensation does not provide compensation for pain and suffering or punitive damages.
Worker’s compensation laws are based on strict liability. That is, you need not prove negligence in order to receive worker’s compensation benefits. Also, an employer cannot attempt to limit the amount of damages by invoking defenses such as contributory negligence. Contributory negligence and the other defenses available in civil lawsuits are not available in worker’s compensation claims.
In most cases, worker’s compensation is the only legal remedy available to an individual injured on the job. However, there are some cases where the negligence of a third party contributed to the worker’s injuries, in which case it may be possible to bring a personal injury lawsuit.
Every state’s worker compensation laws are different. The wisest course of action is to consult with an attorney who is experienced with on-the-job injuries and construction site accidents.
Contact Fears | Nachawati today for free legal advice if you have been injured on the job. You will speak directly with a Texas personal injury attorney who will answer all of your questions and help you understand your legal rights. For your free legal consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.
