Receive Workers’ Comp Benefits or Pursuing Further Legal Actions?

For all those whose work is their main source of livelihood, any type of work-related injury or occupational disease that will incapacitate them will definitely result to crippling financial consequences that can only worsen the life situation of an injured and his/her family. The problem with injury is, just when wages have been cut due to inability to report to work, the staggering medical bills come in. This is what makes many injured workers forgo medical care; however, forgoing medical treatment can result to longer recovery period, extending, likewise, the days of inability to return to work.

The passing into law of the Workers’ Compensation Benefit in 1908 proved to be a major help for workers who figured in accidents while performing their job or who developed any disease due to daily exposure to, or contact with, hazardous substances. This state-mandated benefit, which is in the form of an insurance program, was established to provide sure and immediate wage replacement and medical benefits; it was also designed to cover disability, vocational rehabilitation and death.

The many fraudulent claims in the past, however, have led to strict evaluation of claims applications, resulting to denied claims even if the mistakes were simply technical in nature, such as a missing signature or a missed box.

By availing of Workers’ Compensation benefits, though, an injured worker would be relinquishing his/her right to file a tort suit against his/her employer to further seek compensation. This is because Workers’ Comp was established as a trade-off: receive the benefits, but give up your right to sue your employer. However, a injured worker may rather decide not to avail of the benefits for the right to pursue legal action against his/her employer. This is the path taken by those who are confident that they can prove that the accident was intended by their employer, that the employer does not carry Workers’ Comp or, that the injury is too severe or leads to death, so that the amount of benefits offered does not fully cover the damages suffered.

According to the Scudder & Hedrick, PLLC, law firm, while allowing workers to receive compensation for any accidental injury is truly a huge benefit, making sure that accepting this benefit is equally important. Seeking legal advice which will help clarify a victim’s rights and legal options may be a necessary move.