Your employer has a legal obligation to secure the workplace against injuries and damages. Therefore, if you get injured at your place of work, you can sue them for the injuries, damages, and other harm. In most cases, however, employers opt to have a worker's compensation scheme to cater to the employee's injuries, medical bills, and other expenses. Once you have gotten worker's compensation benefits, you cannot make a personal injury claim against your employer. Here are four frequently asked questions about compensation law for workers injured in the workplace.
Does the Scheme Cover Workplace Violence?
One of the grey areas people encounter when looking for compensation is whether they still get covered when the injury results from workplace violence. Workplace violence is a broad term when defined by the law. It involves physical assault, sexual assault, and even serious crimes like homicide. Often, workplace violence starts as minor verbal threats, and with time, it escalates. The threat of violence could also be from third parties like customers. If you can prove that the employer did not take the necessary steps to protect you from the assault, you should get compensation.
Does Worker’s Compensation Law Cover Occupational Diseases?
Some jobs can make workers develop severe and disabling conditions and diseases. Common conditions include musculoskeletal disorders, cancers, and post-traumatic stress disorder. Other common ones include blindness, loss of hearing, and asbestosis. The nature of the disease determines whether you get compensation for it. Your lawyer can help you prove that you acquired the disease from the work environment.
Can You Start a New Job When Still Getting Benefits?
After an injury, you will naturally be out of work for a long time. The compensation benefits should cater to your expenses during this time. However, they do not cover all bills, and you can start looking for new employment opportunities. It is also common to get a job in an industry that poses lower risks to your security. Your employer's insurer cannot cancel your benefits because you have started a new career. They also can't penalize you for receiving lighter duties. However, the amount you receive as benefits will most likely reduce when you opt for new employment.
It would help if you spoke to a lawyer before pursuing any compensation benefits from your employer. The lawyer helps you get the best outcome for your case and makes appeals if the insurer denies you benefits. Consult them for a speedy and effective case resolution.
For more information, contact a workers compensation lawyer in your area.Share