Should I File A Worker’s Compensation Claim Or A Lawsuit For Workplace Injury?by Kristen White Blogger Workers in California are protected under federal or state worker’s compensation laws. Meaning, a worker is not supposed to file a lawsuit if he/she is suffering from work-related injury or illness. However, there are certain exemptions where one may file a lawsuit for workplace injuries rather than worker’s compensation claim.
When Can I File A Worker’s Compensation Claim?
The best attorney in Anchorage Ak will tell you that the most pursued after claim is the worker's compensation. This is due to its many advantages compared to filing a work-related injury lawsuit. One of the main benefits of filing a worker’s compensation claim for injured workers is that you won’t have to undergo the lengthy process of filing a lawsuit. As long as a worker is eligible for Alaska worker's compensation benefits, he /she get the benefits of medical or monetary immediately.
According to the Alaska Supreme Court, a discovery rule is employed when an employee has been injured at the workplace. Meaning, benefits will apply when:
You have incurred the injury
Your injury is work-relatedFor an injury to be considered for benefits under the Alaska worker’s compensation benefits, it must meet the above. That is, the injury should arise out of or be in the course of employment. If you’re injured on the job, it’s better to look for the best attorney in Anchorage Ak to help you understand how worker’s compensation operates.
When Can I File A Lawsuit?
In some case, an employee may file a lawsuit against the employer if:
You suffered an injury due to the employer’s bad intentions: If your employer intentionally harmed you, the best way would be to file a lawsuit. For example, your boss may slap you, causing an injury of your face. He/she will have acted negligently. But to prove this, you may need to look for the top attorneys in Anchorage Alaska to help you provide sufficient evidence.
Your employer has not purchased Alaska worker’s compensation insurance: It’s a requirement to have such unless an employer has been approved as a self-insurer by the board. You can be able to file a lawsuit to recover compensation from injuries suffered.
Some workers think that if their worker’s compensation is denied, they can file a lawsuit. This may not be possible. Instead, one should file an appeal with the right agency governing the Alaska worker’s compensation appeals. This may not be an easy job; one is required to look for top attorneys in Anchorage Alaska to help him/her go through the process with ease. Once you report your work-related injury, your employer has 21 days to act. You can be able to appeal if your claim is denied. However, if the injury is self-inflicted, the employee may not be able to receive any compensation.
If you have been injured at the workplace, you should consider looking for legal help to know whether you are eligible to file a lawsuit or Alaska worker’s compensation benefits. Alaska has a unique way of dealing with injured employees, and without a lawyer, this may be tough. Again, you do have to worry about the upfront fees, most of these lawyers work on a contingency basis. As such, you will have nothing to lose if you consult an attorney to get to understand your case. Only make sure to look for that lawyer who is seasoned in dealing with work-related injury cases.
Created on Jun 3rd 2020 06:50. Viewed 188 times.
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