4 Facts To Remember If You’ve Been Injured While Working

If you've been injured while working, it can be devastating, especially if you are unable to work and can't afford your medical bills. Luckily, you have many resources you can consider, which can help you. If you've been injured while working, check out these four important facts.

Workers' Compensation Is Usually Guaranteed

Generally, if you are working at the time of the accident, workers' compensation is guaranteed. Even if you are responsible for the accident, workers' compensation will still often cover your medical expenses. If you are unable to return to work, workers' compensation will also usually pay you some of your lost wages during that time.

If you, however, were not working at the time of the accident, you aren't covered. For example, if you left work to go get lunch, you aren't considered working and aren't protected under workers' compensation. Similarly, if you are under the influence of alcohol or drugs at the time of the accident, even if the accident wasn't your fault, don't expect to be covered.

You May Be Able to Sue With a Personal Injury Lawyer

Workers' compensation isn't just designed to protect you. It is designed to protect your employer too. For this reason, if you are injured while working, you probably can't sue your employer. However, if your employer purposely caused your injury, such as hitting you, you can usually sue. This does not include extreme negligence or carelessness. Your employer must have intentionally tried to hurt you for you to sue. You can also sue if your employer doesn't have any or enough workers' compensation.

Sometimes, you can sue a third party. One common reason you may file a third party lawsuit is if you were working while driving and someone hit you. Another example is if you were the victim of a defected product or a toxic substance. In this instance, you may be able to sue the manufacturer of the product or substance.  

A Personal Lawsuit Can Include Many Types of Compensation

The benefit of workers' compensation is that you're usually always covered if you are working. The downside, however, is that you don't get reimbursed for everything you may need. If you are able to file a lawsuit for your injury, you can get more types of compensation. One of the biggest benefits of a personal lawsuit is that you can sue for pain and suffering, which typically means long-lasting mental or physical pain. Workers' compensation does not cover pain and suffering. Of course, you'll only get compensation if you prove your case, which isn't as easy as proving your workers' compensation claim.

Luckily, you don't have to pick and choose. If you can and do sue, you can still file a workers' compensation claim. If you win your personal lawsuit, however, you'll need to repay workers' compensation but only what workers' compensation covers. For example, if you win money in your personal claim for pain and suffering, you wouldn't have to repay that amount of money to workers' compensation.

Be Mindful of What You Say  

When handling a workers' compensation claim or personal lawsuit, think about what you need to say. Of course, you need to report the injury to your employer as soon as possible, but make sure you are completely honest with everything that led to the accident. If you are going to be suing someone, such as your boss for striking you or a driver for hitting you, don't talk to that person or their insurance company. Let your lawyer do that. One small mistake could cost you your case.

You should also be careful about what you post on your social media pages. In fact, you should make them private, avoid posting on them altogether and ask friends not to tag you or mention you. This is because social media paints a skewed image of the truth. Everyone wants to look their best, so instead of complaining about your injury, you may post a fun picture of you smiling. This may be used to prove you aren't as injured as you claim.

If you've been injured while working, you need to know your rights. You should be protected under workers' compensation, but sometimes you can sue. For more information, contact a personal injury attorney or workers' compensation attorney in your area today. 


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