Workers’ Compensation Basics

Rispoli & Borneo P.C.

Purpose of Workers’ Compensation And Workers’ Comp Insurance

Most employers will have some form of workers’ compensation insurance in the case that an employee receives an injury on the job. This ensures that the employee cannot file a lawsuit against the employer for personal injuries, and it also provides employees with comfort knowing that medical expenses will be covered by their employer if they do happen to get hurt on the job. Workers’ compensation benefits are awarded to employee for a variety of reasons, but each state has its own set of laws regarding what benefits may be given to employees. The federal government does have a few laws that deal with workers’ compensation, but it is legislated mostly by the state in which the employer is operating.

Lawsuits Against Third Parties That Caused Workplace Injuries

If an employee is injured on the job by a third party, then they have the right to file a lawsuit against the party. For example, if an employee is injured by faulty equipment that is used while on the job, then the manufacturer of the equipment may be sued. An injury caused by a third party is handled in civil court, and the employer or workers’ compensation insurance company may become involved so they may recover any amounts of money lost due to the injury of the employee. Again, these laws vary by state and only some will allow the employer or insurance company to become a party in the lawsuit against the third party.

What Is Generally Covered By Workers’ Compensation

Common injuries that award workers’ compensation benefits to employees include:

  • If a pre-existing condition is worsened by working conditions, the medical expenses that are incurred may be covered by workers’ comp.
  • Any injuries sustained during lunch breaks, company events, or any situation where the employee is being paid by the employer (i.e. an employee that is injured at a conference for work) are generally covered by workers’ comp benefits.
  • Diseases contracted as a direct result from work environments.
  • Psychological or mental conditions that are incurred due to a workplace trauma.

Can An Employee File A Lawsuit Against The Employer For A Personal Injury?

In most circumstances, an employee cannot file a lawsuit against their employer for a personal injury. If the employer has workers’ compensation insurance, it protects them from any lawsuits. Workers’ comp benefits are given in the case of a workplace accident, and will generally cover any medical expenses that follow a personal injury at work. An employee may only file a lawsuit for personal injury under certain circumstances such as intentional employer’s torts, third party injuries, or if workers’ comp benefits are denied or terminated.

When To Hire An Attorney For Issues With Workers’ Compensation

If you have sustained an injury that was a direct result of a work-related incident, and workers’ compensation will not cover medical expenses, it is advised to consult with an attorney experienced in workers’ compensation cases. Many cases involving long-term diseases or psychological conditions may be more difficult to prove to workers’ compensation insurance companies, so consulting with an experienced lawyer may improve your chances of recovering compensation deserved. Contact workers compensation lawyer Memphis TN today if you have any specific questions.

Thank you to Darrell Castle and Associates, PLLC for providing the insight and knowledge on workers’ compensation.

Contact a seasoned works compensation attorney Newark employees recommend at (908) 353-0800 for a free consultation.