Injury in The Work Place: Who Is Liable?

If you suffer an injury in the work place, you may wonder who is responsible. Can you hold your employer liable? What bills will he be responsible for paying? What if you are disabled and can't work at all, who will pay for that? In the vast majority of situations, the system that will provide your recovery is called the worker's compensation system.

Worker's Compensation and Injury in the Work Place

Throughout the United States, a system called workers compensation has been put into place as an alternative to the tort system. Almost all workers are covered under worker's compensation, although some individuals who are self employed and some who work on farms are exempt from the system. All covered workers are limited to recovering from the worker's compensation system- this means they cannot file a lawsuit but instead these injured worker's recover under the rights provided to them by worker's compensation.

Worker's Compensation and Liability

The worker's compensation system is a strict liability system. If an employee is hurt at work, or in the "line of duty" in some way, his employer's workers compensation insurance is liable and will pay his damages. This is true even if the employer was not negligent. It is true even if the employee wasn't physically at work, as long as he was working--- for example, an employee who gets into a car accident while picking up his bosses dry cleaning could be covered.

There are only a few exceptions to the rule that an employer is liable for an injury at work. These exceptions include:

• If the employee was violating express, stated company policy when the injury occurred
• If the employee was drunk or under the influence at work when the injury occurred

In almost every other situation, all the employee must do is prove he was injured at work and he will be entitled to recover under the worker's compensation system.

Recovering Damages

Because the worker's compensation system is an alternative to the tort system, there are some limitations and differences in the types of damages you are entitled to if you are hurt at work. While the details vary by state, generally you are entitled to:

• Compensation for your medical bills
• Compensation for lost wages- although this may not kick in until you have missed a set period of time, such as a week of work
• Lifetime disability benefits if you are rendered unable to work

You may also be entitled to other damages and benefits depending on the laws of your state an the nature of your injury.

Getting Help

If you have been injured at work, you should consult with an experienced personal injury attorney. Your attorney can explain to you what you may be able to recover in light of the laws of your state and the nature of your injuries. He can also help you to collect the evidence you need and/or fill out any required forms to make a claim to recover your damages for your injury at work.