Workers who get injured on the job are often covered by laws within the category of workers compensation. Workers Compensation laws date back to the early 1900s. Of course, throughout the years the laws have been revised and amended, and reformed. These laws were established to protect injured workers and those who are dependent on them for their wellbeing. One of the great aspects of Workers Compensation Law is that it was created to protect employees and is considered a form of liability without fault. What that means is that workers are entitled to receive benefits without having to prove fault of the employer or other party – ensuring that the injured workers can obtain medical assistance and return to work as soon as possible.
Cause of Injury
In the case where an injury is caused by the workers own negligence, it does not inhibit them from recovering for damages. However, if the worker was under the influence of drugs, alcohol or other illegal substances while on the job, or if they intended to hurt themselves or another employee they would be precluded from recovering damages from their employer.
Workers may receive both economic benefit for medical expenses and lost earnings due to injury; however it is important to note that in workers compensation the economic recovery is not a direct reimbursement but rather a statutory approximation of the value of the average injury of a particular type. Indeed, the system is set up as a compromise between the workers and employers – it’s not meant to provide total compensation for any and all consequences of the injury.
Workers may receive benefit for injury, death, or disability which occurs while being on the job. In the context of workers compensation a disability is when an individual is unable to work.
Specific vs. Cumulative Injury
Under Workers Compensation, a worker may be entitled to recover for damages as a result of either a specific injury or a cumulative Injury.
- Specific injury is one that is caused by a particular incident.
- Cumulative injury is one that is caused by repeated actions either mental or physical over an extended period of time which leads to medical or treatment being required.
One type of cumulative injury is also an occupational disease. This is a disease that results after exposure to substances required to do the job, it is a condition that all employees within that field of work will be subject to. For example, an asbestos cleaner will be subject to contamination with asbestos. Or a mine worker will be exposed to radon gas, a radioactive material thought to cause lung cancer.
Generally a statute of limitations for workers compensation is X but in the case of cumulative diseases which are caused over time and date of exposure is hard to pinpoint, the courts do give special considerations to the statute of limitation in these cases.
Why work with an attorney
Anderson Franco has direct experience in handling the personal injury aspect of workers compensation claims. His direct and indirect experience make him a great attorney to assist in advocating for his clients.
Give Anderson Franco a call or fill out a form on his website to obtain a free consultation and case review, he will assist you in better understanding how you can move forward with your lawsuit. Anderson Franco will give you the one on one time and attention that you deserve. He works with his clients to patiently explain their case and provide guidance on next steps in any case.