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Can you sue your employer even if you are getting paid workmens compensation?
Wiki User
∙ 16y ago
Workers compensation is supposed to be the sole remedy if you are injured on the job. ...and unless your employer was GROSSLY negligent, you cannot sue.
Wiki User
∙ 15y ago
Wiki User
∙ 16y agoYou can try. Only a lawyer who had heard your case could tell you if you had a case but you have the right to retain a lawyer if you feel that the employer has acted incorrectly.
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Do you have to tell a new employer if you are under a works compensation injury?
No. Even when you go on your new employer's policy you will be covered execpt for the old injury.
You are a plumber that hurt your right hand on the job you are getting workmens comp you also have a 2nd job as a part time janitor but you are still working your 2nd job is this legal?
Yes, this is completely legal. If you are hurt on a job you are entitled to workman's compensation as long as you are in some way hurt, even if you could continue to do the job. So yes, you can still work your second job. However if you are hurt in one job and cannot perform the other, whether you get workman's compensation for the injury or not will not make a difference if you get fired from your other job or not because you cannot do it.
What if your employer will not give you the info on filing or the insurance name?
Every state has an entity that oversees workers' compensation-- it's usually referred to as the workers' compensation commission or industrial commission or is part of the state's labor board. These agencies usually have websites with contact information, and you can contact the agency to find out who your employer's workers' comp carrier is. Some of the states even let you search for that coverage information on line. You should also check the site for filing your own claim with the state-- if your employer won't report your claim, you can usually do it yourself through the state. They will then contact the correct carrier, which will then have to set up your claim and will contact you and your employer to find out what is going on.
Seek Help from a Workers Compensation Attorney?
You should immediately notify your employer if you have suffered an injury at work. At that time, the employer should provide claim forms for you to complete. These forms are submitted to the insurance company and the workers compensation agency in your state. The insurance company pays medical expenses and wages if your employer does not challenge the claim. This is the standard process after a work-related injury occurs in all states. Often, the process goes smoothly. Sometimes, however, things are not that simple and do not work in the interest of the injured employee. A hearing is scheduled if the employer contests the claim. If this occurs, you might need to hire a workers compensation attorney for representation. A determination is made regarding whether or not compensation is owed to you. This decision can be appealed by either you or the employer. Generally, a workers’ compensation claim is your only avenue to receiving compensation for a work-related injury or illness. Some states exempt employers from having workers’ compensation coverage based on the number of employees. One exception is if you are intentionally injured by your employer. It is possible to sue in court for damages if you are able to prove the employer was guilty. A workers compensation attorney can offer guidance for this type of lawsuit. Suffering an injury in the workplace can be a traumatic experience. You are unable to work for a period of time and financial obligations can pile up. The pain from the injury and subsequent treatment is also a factor. You have a right to file a workers compensation claim even if the injury was caused by poor equipment maintenance or inadequate instruction. Hiring a workers compensation attorney to help you through the process can ease some of the emotional and physical stress. A workers compensation attorney will evaluate your claim to ensure that your legal rights are protected. An experienced lawyer can explain the steps in the claims process. He or she will be committed to researching the law, collecting records, planning an effective legal strategy and negotiate with the opposing counsel and insurers. The attorney will also pursue other potential remedies against an entity or individual who could also bear responsibility for your injury. Gathering all of the facts in the case through interviews and expert consultants will reveal these options. This will strengthen your workers compensation case and ensure a fair recovery is granted.
Can you collect Social Security even If you are getting a pension from a former employer?
Yes, but if your retirement income rises above a predetermined level the payments may be reduced.
Finding a Worker's Compensation Attorney?
You are entitled to receive worker's compensation for any injury you sustained on the job, even if you caused the injury yourself. For example, if you were distracted while walking, fell down and broke your arm, you could collect worker's compensation while you recovered from your injuries. The flip side of the worker's compensation law is that you are prohibited from suing your employer for additional damages if your injuries were the employer's fault. As an example of this, imagine that your employer asked you to lift too much weight at one time and you sustained a back injury as a result.When You May Need a Worker's Compensation AttorneyBy law, your employer is required to report your injury to their insurance company within 24 hours of your reporting it. Unfortunately, this doesn't always happen and it can affect the outcome of your case. Your employer's insurance company may also deny the claim by stating they don't believe your injury is work related. In order to collect the benefits you are entitled to, you would need to retain an attorney to investigate your case.You may also wish to obtain legal advice if your employer's insurance company is severely limiting your treatment options. They may claim they will only pay for you to see one particular doctor or require you to return to work sooner than you are able to due to your injuries. You may feel you have no choice but to return to work injured so you don't lose your job. Worker's compensation lawyers deal with these kinds of situations all the time.Third Party Worker's Compensation LawsuitsAlthough you can't sue your employer for additional damages under worker's compensation law, you can file a lawsuit if your injuries were caused by a third party. This may be a delivery driver, a client of your employer, a subcontractor working with you at a job site or other possibilities. In this instance, you are entitled to receive benefits from worker's compensation and you have the right to sue the third party for additional damages .Benefits You Can Obtain with an AttorneyIf you decide to hire a lawyer, he or she can assist you in obtaining lost wages, medical compensation and job re-training services. Your lawyer can also help you obtain permanent disability benefits.
If you were terminated for not being able do your job after a work accident can you collect unemployment even though you got a workmens comp settlement?
In New York you can not collect both at the same time. If you can prove, which would be hard without physical evidence, that you were fired due to the injury you can sue the employer. But if you are collecting comp you can file a claim for unemployment but I would wait until the comp is up.
What is Foreign Voluntary Workers Compensation?
Foreign Voluntary Worker's Compensation (FVWC) is a type of insurance coverage that offers more benefits to the standard domestic worker's compensation policies.Many state workers' compensation won't cover injuries that occur internationally. Injuries like illness, contraction of diseases, or other bodily harm caused by war, terrorism, or even piracy are often not covered by normal worker's comp.FVWC, however, often offers the following:· Endemic disease coverage· 24-hour coverage (instead of the standard working hours)· Repatriation expenseFVWC policies differ from one insurance company to the next and it is advisable to check with each insurance company.If an employee is hurt overseas and his/her employer does not have FVWC, then the employer could be liable for a lawsuit.
What farewell gift I need to give to my employer?
You can give your employer a farewell card or even a gift card.
What are the advantages of purchasing travel insurance?
Benefits including everything from assisting if you lose a ticket, helping if you lose funds, getting emergency messages to you family, numerous financial benefits if there is an accident/crash including emergency medical transportation and expenses, lost luggage compensation and even travel delay compensation.
What are the pros and cons of CEO compensation?
One pro for CEO compensation is the fact that it is tied to the performance of the organization. One con about CEO compensation is that they get paid handsomely even when the business isn't performing as it should.
Do you have to pay medical insurance whill off on workmens comp?
Even though you're out of work due to a worker's comp case, your premiums for your medical insurance still need to be paid. Just keep in mind that your medical insurance pays for medical illness and isn't related to worker's comp. Your employer may be willing to help you pay the premiums until you get back to work.
