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What About Workers' Compensation?

Workers’ compensation was created in the 1930’s so that injured workers could be compensated for their medical bills and lost wages when they were injured on the job. The workers’ compensation system does not determine whose fault the injury was; it does not matter if the injury was an accident or caused by a co-worker or conditions at the workplace. In exchange for workers’ compensation, the employee gives up his right to sue his employer or a fellow employee for negligence.

Due to the complicated nature of workers’ compensation laws, you should hire a personal injury attorney who knows workers’ compensation law when you are permanently injured or if your injury was a result of the negligence of a third party.

Workers’ compensation will compensate a worker if they are partially or permanently disabled, based on the statute for that injury. However, it does not take into account pain and suffering. Disability payments are usually a fraction of what an injured person would be compensated if they were to file a negligence claim which would include compensation for pain and suffering. Even though a person is covered under workers’ compensation, they can still file a personal injury claim. For example, if a worker is injured on a construction site by faulty equipment, he could file both a workers’ compensation claim and also a claim against the manufacturer and supplier of the faulty equipment. The workers compensation claim provides for his lost wages and medical bills; the negligence claim against the equipment manufacturer would be a suit for all of his injuries and also provide for pain and suffering.

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