On behalf of Law Offices of Mauro Fiore, Jr. posted in Workers' Compensation on Thursday, June 28, 2018.
Workers' compensation cases can be quite complicated. If you suffered an injury at work, you have rights and responsibilities that begin from the very moment your injury takes place. You may not be completely clear about how to move forward, but there are a few things you should know.It is important for you to report your injury as soon as it occurs or as soon as you realize you have an injury. There is a time limit for reporting that can affect your ability to collect workers' compensation benefits. In addition, the facts of your case will determine the types of compensation you receive. Some injured workers can potentially receive more than others.
The basics of workers' compensation
In the state of California, most employers must carry workers' compensation insurance, with some exceptions. The employer is responsible for paying for this insurance, not the employee. Employers also have specific responsibilities when an employee suffers an injury on the job. Workers' compensation benefits pay for an employee's medical expenses through medical providers in the particular healthcare network specified by the insurance company. In order to collect benefits, an employee has to report his or her injury to the employer, and then the employer has to file a claim.
Third-party claims
One type of claim, a third-party claim, can provide compensation beyond the regular benefits from the California state system. For example, a successful third-party claim could provide compensation for pain and suffering and other noneconomic losses, while workers' compensation does not. This type of claim occurs when a third party's actions or non-action caused the employee's injury. An example of a third party could be a supplier or contractor who provides goods or services to the employee's organization. The injured worker sues the third-party for the additional compensation. If the worker obtains such compensation, the amount of workers' compensation benefits provided may be reduced. Though in many cases, the value of a third-party claim can far exceed the amount of workers' compensation benefits the worker would otherwise receive. Third-party claims are more complicated than regular workers' compensation claims. If you believe your injury may involve a third-party claim, your attorney can assist you in better understanding your case and your options, as well as helping you seek the maximum compensation you deserve.