Workers' compensation is a form of insurance that almost all employers are required to carry to compensate their workers for injuries that occur on the job. Any injury is work related is generally considered a workers' compensation injury. There are three important differences between workers' compensation and general personal injury claims.
First, to recover a workers' compensation claim, the employee does not have to prove that the injury was caused by the employers negligence. Instead, all the employee needs to show is that the injury was work related.
Second, the employee's only recourse against the employer for work related injuries is a worker's compensation claim. The worker is not permitted to bring a private lawsuit an employer or co-worker for work related injuries.
Third, the compensation an employee is entitled to is substantially less than the compensation available in a general personal injury claim. The types of benefits potentially available for an employee's work related injures include reimbursement for medical bills, vocational rehabilitation training, temporary total disability, permanent partial disability, total disability, and death benefits.
Because workers' compensation is a unique area of the law, it is imperative that you hire an attorney experienced in handling workers' compensation claims. Robert Pears has extensive experience handling workers' compensation claims and appeals against private employers, Federal, state and local government employers and their workers' compensation carriers.
