What is the purpose of workers compensation?
Workers comp has been around for a long time
Workers compensation laws were passed many years ago by states as a way to act as a “compromise” of sorts to make sure injured workers have access to medical care and some pay while recovering from most workplace injuries. In exchange for these “benefits,” the employee is not able to sue their employer for any negligent conduct that may have caused the injury.
A brief history of workers compensation
The original intention of workers compensation insurance was to provide wage replacement and medical benefits to injured workers so that they could recover and return to work in a timely fashion. Workers compensation laws, which were originally passed in the early 1900’s, were developed to provide protection for both workers and employees. The worker would receive coverage of medical expenses and partial wage replacement while the employer would know that their employee would not be suing them for more than the injury warranted. While the laws are in place to conform to these intentions, there are still times when blame can be assigned and a lawsuit is warranted
When is a third-party lawsuit warranted?
Workers compensation statutes are designed to eliminate the need for litigation. However, there are times when a work accident occurs and blame can be assigned to a third party – not the employer. In these cases, you should consult with an experienced workplace attorney to help you understand your case and determine the best steps to take to pursue a personal injury claim and recover what you are entitled to.
Workers compensation is mostly compulsory in the United States
In the U.S. some form of workers compensation is required by most employers (in most states). In Indiana all employees must be covered by workers comp insurance. Businesses purchase workers compensation insurance from commercial providers, although some approved businesses may opt to self-insure.
An experienced workers compensation attorney will know what benefits you are legally entitled to
If you’ve been injured at work and believe you are entitled to workers compensation benefits, you can file a claim through the Workers Compensation Board of Indiana. It does not matter if you are to blame for the accident or not, and you are not legally permitted to sue your employer. If you are filing a workers compensation claim and believe you may have grounds for a third-party (personal injury) lawsuit, contact an experienced workers compensation attorney for a free consultation.
We care about fighting for the rights of injured persons and workers throughout the state of Indiana. With offices in Evansville, Indianapolis, Lafayette, New Harmony, and Jeffersonville (Louisville, KY), we are well-equipped to handle your case.