When you get injured at work, you may be eligible for workers’ compensation benefits, regardless of fault. This means that even if the injury was caused by your own negligence, you still have a chance to receive benefits—unless you deliberately hurt yourself. There are notable differences between fault and intentional injuries, and there are several types of compensation may be available to injured workers depending upon the nature of their injuries.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that employers must carry in order to protect themselves from liability if their employees are injured on the job. It provides medical care and wage replacement for workers who suffer job-related injuries or illnesses. In most cases, it also protects employers from lawsuits brought by injured employees.
Fault vs. Intentional Injury
When it comes to workers’ compensation benefits, there is a big difference between “fault” and “intentional injury.” “Fault” refers to an accidental or unintentional action that results in an injury. Even if the worker acted carelessly or negligently, they may still be eligible for workers’ compensation benefits if their actions were not deliberate or reckless. For example, if a worker slips and falls because they were not paying attention on the job, they would still be eligible for workers’ compensation benefits.
Intentional injuries are a different matter entirely. Intentional injury occurs when someone deliberately causes harm to themselves or another person in order to receive workers’ compensation benefits. When an employee intentionally injures them self, they are not eligible for workers’ compensation benefits.
Types of Compensation Available
The types of benefits available through workers’ compensation depend on several factors, such as the severity of the injury and how much time has passed since the incident occurred. Generally speaking, though, injured employees are eligible for medical costs associated with their injury (including physical therapy), lost wages due to missed workdays or reduced hours due to disability, vocational rehabilitation training (which helps them transition back into employment after suffering an injury), and death benefits in cases where a worker has died due to a workplace injury or illness.
You have limited time to file your workers’ compensation claim. Usually, your employer’s workers’ compensation policy will require you to notify your manager who notifies the insurance carrier within a short period of time, sometimes as little as a few days. It is vital to the success of your claim that you alert your employer as soon as possible to your injury at work.
It is also crucial that you make sure any coworkers who may have witnessed your injury are available to provide witness statements to your employer. This can help streamline the process with the insurance company.
The Chester County Workers’ Compensation Lawyers at Wusinich, Sweeney & Ryan, LLC, Help You Recover
Speak with the Chester County workers’ compensation lawyers at Wusinich, Sweeney & Ryan, LLC today. Contact us online or call our offices at 610-594-1600 today to schedule your free consultation. With offices in Exton, Pennsylvania, we proudly serve our neighbors in Downingtown, West Chester, Exton, Coatesville, Phoenixville, Malvern, Lyndell, Wagontown, Uwchlan, Parkesburg, Chester Springs, Lancaster County, Reading, and Morgantown.
