Is Workers Compensation Benefits The Only Recourse For Workplace Injuries?

Workplace injuries are so common than one would think. That’s why employees and employers need to be careful to avoid or minimize these injuries. If you have been injured at the workplace, you may probably be wondering how to go about your compensation from workers' comp insurance. Any worker who is injured at work must go through a workers' compensation system. Nevertheless, there are exceptions. Even if minor, any injury requires the attention of a medical doctor. If the injury was due to someone’s negligence, the injured person has a right to file a claim against the negligent party.

 Exceptions To Workers Compensation

Workers’ compensation is known to be the best for compensating injured workers. But, one may not be impressed by the payout if they have suffered from temporary or permanent disabilities. Worse still, workers’ compensation doesn’t factor in pain and suffering or even punitive damages to ensure the plaintiff's egregious actions are punished. 

That’s why one should choose to work with the best Anchorage Alaska attorneys to be enlightened on different ways to obtain compensation. Some exceptions may require workers to decide to file an injury claim instead of getting workers' compensation benefits. They include:

• Lack of workers compensation insurance from your employer: In such a case, the court allows the injured workers to file a personal injury claim.

• When your employer intentionally causes an injury: An employee may sue their employer based on physical or emotional injury. Such acts always give rise to a civil lawsuit.

• Being injured by a defective product: Many parties may be liable for injuries caused by a defective product.  This includes; the manufacturer, retailer, distributor, or any other person in the chain of distribution. To get compensated, it must be proved that the product never met the required standards.

• Injuries from a toxic substance: Toxic substances result in injuries that can be a temporary or permanent disability. An example is asbestos exposure. Workers who get injured from toxic substances are known to have successful claims.

With the above exceptions, an employee may file a lawsuit for their injuries. In some cases, workers' compensation benefits may not be enough to cater to the expenses incurred for your injuries. An experienced lawyer can help you understand whether you can sue outside of workers' compensation.

 If you choose to file a claim for your injury, you may need to get the best Anchorage Alaska attorneys to offer guidance.

Do I Sue Under Personal Injury Claim Or Workers Compensation? 

 When it comes to workplace injuries, every situation is different. Thus, deciding whether to get compensated through a personal injury claim instead of workers compensation requires legal help. It would be easier to consult attorney in Anchorage Alaska to know the best method to get compensated. In most cases, it becomes difficult for an employee to sue an employer for work-related injuries due to rules set by state workers' compensation. There are many benefits of getting compensated by filing a personal injury claim compared to workers' compensation. And if a personal injury claim is successful, one can be assured of benefits such as pain and suffering. Nonetheless, some cases are better solved through workers' compensation since one can get compensation in a matter of weeks. If you have been injured at the workplace, you may consult attorney in Anchorage Alaska to understand the best way to seek compensation.

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Created on Sep 25th 2020 05:12. Viewed 344 times.

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