A person who gets injured at a workplace has to face grave financial difficulties. Sudden decrease in income along with an increase in the medical bills can cause great hardships for the person and the immediate family members. In this situation, a worker compensation claim proves extremely beneficial in getting some financial relief.
If you have been injured at the workplace, here are three important things that you should know about worker compensation claim.
- No Need to Prove Fault of the Employer
A lot of people are led to believe that they have to prove that the employer was at fault to receive the compensation. The reality is that you don’t have to prove anything to get compensation. Worker compensation is regarded as a no-fault system in the US. Moreover, the amount of compensation you get is not affected by your carelessness in performing the job. However, one condition in which you may not be able to receive worker compensation is when you were under the influence of drug or alcohol when the injury occurred. In such a situation, it’s important that you consult a professional compensation attorney before filing a claim.
- Always Report Your Work-Related Injury Immediately
Some people think that they can always report the injury at the workplace later. However, this is a grave mistake. You can seriously hurt your case of getting compensation, if you do not immediately report your injury to the employer.
In some cases, workers don’t report the accident because they think that the work doesn’t fall within their scope of employment, or that they were not on duty when the accident occurred. These are things that you should better let your lawyer to decide since things are not that clear cut when it comes to worker compensation claims.
- You can Still File a Negligence Lawsuit
When you get compensation for the workplace injury, you waive your right to sue your employer. However, this does not mean that you cannot file a negligence lawsuit against a third party. Suppose the injury occurred due to a defective piece of equipment or malfunctioned equipment. In this situation, you can bring a case in the court against the manufacturer. Any amount you receive in this case will be in addition to the compensation received from the employer.
Conclusion About Filing a Workers’ Compensation Claim in California
Getting injured on the job can result in serious consequences. A workplace injury does not just create physical pain; it also results in financial anguish. You can greatly increase your chances of getting an adequate compensation claim by getting in touch with a local attorney who specializes in worker compensation cases.
Attorney Albert Hirst is a highly experienced and talented workers’ compensation lawyer who can help you file a workers’ compensation claim in San Bernardino or Riverside County.
Contact us today to know how we can help you in getting the much-deserved compensation for your injury.