Legal Answers
Brien Roche
Injuries on the job are governed by workers compensation laws. The workers compensation laws throughout the U.S. are designed to replace tort claims brought by an employee against an employer. The thrust of the workers comp laws is that the employee injured on the job has a right to prompt payment. This includes medical bills relating to that injury. In addition it includes two-thirds of the average weekly wage during the period of time the employee is disabled as a result of the injury. However in return for that the employee gives up the right to sue the employer in a tort claim.
An injury attorney gets involved in worker’s comp claims as they overlap with personal injury claims. The role of the injury attorney is not only to handle the injury claim. In addition you need to make sure you do not adversely impact the client’s rights to worker’s comp benefits.
Worker’s compensation statutes are mostly state laws. However there are also federal laws that allow for worker comp benefits for certain workers.
Personal injury claims may be intertwined with worker’s comp claims. The worker may have been injured by a third party. As a result the worker may have a basis for a civil claim against that third party. Hence these related claims should be overseen by the injury attorney handling the matter.
See Brien Roche’s book Law 101 published by Sphinx Publishing for more information on this subject.
Legal answers provided by Brien Roche, a personal injury attorney with over 40 years of trial experience. Also Contact Us today to discuss your personal injury matter.
In addition for more information on workers compensation see the pages on Wikipedia.
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