If you have been hurt while on the job, you need to know your rights. Each state has a workers’ compensation system that will usually provide benefits to an injured employee no matter who was at fault in the accident. If an employer does not have workers’ compensation insurance coverage, sometimes the employee can sue the employer directly in state court. Occasionally, if a third party was at fault, the employee may obtain workers’ compensation benefits and then can also sue the third party in state court.
Contact the experienced attorneys at The Hershewe Law Firm today for your free consultation. We can advise you on whether you have a claim for workers’ compensation or a third party claim.
What Is Worker's Compensation?
Workers’ Compensation, sometimes called “Workmen’s Compensation” or “work comp” for short, can provide lost wages for time missed from work as well as payment for past and future medical bills. Additionally, if you are temporarily or permanently disabled from the accident, you may receive additional benefits.
Nearly all employers are required to carry workers’ compensation coverage for their employees. Exceptions may include employers with fewer than five employees who do not operate in construction. Additionally, employers may hire independent contractors who are required to obtain their own workers’ compensation coverage. This arrangement is very common with owner-operators and over-the-road truck drivers.
Even if an employee is hired as an independent contractor, she may still be able to file workers’ compensation benefits against the company as a “statutory employee.” The independent contractor must be under the direction of the company, must be working on the premises of the company, and must be performing duties that would normally be performed by employees of the company, as well as other qualifications.
Is Worker's Compensation My Only Option?
Depending on how your injury occurred, you may have a claim against a third party, a co-employee, or your employer. These vary widely by state and depend heavily on the facts of your case.
If you have been injured in a workplace accident, it is important to understand that workers’ compensation may not be the only source of benefits to cover your loss.
At The Hershewe Law Firm, P.C. in Joplin, Missouri, our lawyers have the knowledge and resources to investigate construction and other workplace accidents. We find out if there was failure to:
To obtain a full recovery for our client, we investigate all potentially liable parties, including: