When an employee gets hurt at work, he usually does not have the right to sue. However, employees can file for worker’s compensation. The problem with worker’s compensation is that it does not fully compensate the employee for long-term injuries. There are also restrictions with worker’s compensation, but it could help to talk to a personal injury attorney in Winchester.
It is important to determine employment status when deciding to file a personal injury or worker’s compensation case. Full-time employees are covered by worker’s compensation. If you are a day laborer or working on a contract basis, then you are not covered and may need to look into a personal injury case.
If you are receiving benefits, then you want to evaluate the adequacy of those benefits. There are things to consider, such as if medical bills are being covered and compensation for lost wages. If the majority of your damages are being covered, then you may not want to pursue a personal injury case.
It is the responsibility of the employer to carry the proper insurance to cover their employees in case of an accident. Employees may not be able to receive worker’s compensation when the company does not have any insurance or the right insurance. In these situations, employees are allowed to sue employers for full damages.
People who are injured on a job because of the negligence of a coworker can sue that person. This is usually not the best option because the person may not have the resources to pay for the damages. On the other hand, employers do not restrict employees from suing another coworker.
Most people are hesitant to pursue a personal injury claim because of not knowing if they have a case. It helps to talk to an experienced attorney before making a decision to walk away. An attorney can explain the legal process and explain your options.
If you were hurt at work, then you want to make sure your employer was following all regulations. Employees have the right sue for damages not covered by other benefits. It helps to talk to a personal injury attorney in Winchester to determine if you can sue for a work injury.