Options for On-The-Job Injury Compensation

Basically if a worker is injured on the job and he wants to recover some of his losses in wages and medical expenses there are three ways to accomplish that kind of claim, (1) a State Workman’s Compensation Insurance claim, (2) a claim with the employer provided medical carrier and disability insurance carrier and (3) filing a complaint for personal injury in a State Court system.

Workman’s Compensation Insurance

Almost all States have laws that require that most businesses with employees carry a workers' compensation insurance policy. There are a few exceptions to that general rule; most State insurance laws generally exempt sole proprietors, business partners and limited liability companies from the requirement of carrying a policy for workers' compensation coverage for their employees. Generally though it is extremely likely that your employer is carrying a workman’s compensation insurance policy and you may file a claim with that company concerning your injury, any lost income or wages and the medical expenses you have incurred or will have to pay in future due to on-going medical treatment.

Employer Provided Medical and Disability Insurance Company

Filing a claim with the employer provided medical insurance carrier and the disability insurance carrier is likely the most easily accomplished option available. That insurance company may subtlety take every step to try to deny the claim or pay on only parts of the claim. It is best to have an attorney at that juncture because the attorney will be looking for their common ploys to deny coverage and he will be able to help circumvent the usual health insurance and disability insurance claim pitfalls.

Filing a Complaint in a State Court

Filing a personal injury complaint in a State court is not generally a “do-it-yourself” opportunity. It involves serving papers on opposing counsel, drafting the complaint document and filing it with the clerk of court who will reject it if it is not acceptable and other elements best performed by a qualified attorney.

Getting Legal Help

If you or a member of your family has suffered an “on-the-job” and you want to understand your options in filing a claim to recover the costs the injury, personal and financial, which it would be helpful to discuss the circumstances of the work related injury with a personal injury attorney. An attorney can help you to decide which compensation route is best for your injury situation and assist you in filing an insurance claim or a personal injury lawsuit in a State court system.

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