For most workers injured in the workplace, getting recovery for their lost income, pain and suffering, medical expenses, rehabilitation and treatment does not seem sufficient to be covered by the workers compensation benefits.
In some cases, the compensation an injured worker receives for his injuries are even barely enough to meet his medical needs. When this happens, it may be necessary to get the services of a lawyer who can investigate and present one’s claims for full compensation.
Under any circumstances, a full compensation can be claimed in the following situations:
- Automobile accidents and truck collisions occurring while driving a delivery, sales, or maintenance route
- Construction accidents involving falls from scaffolding, ladders, or roofs
- accidents caused by defective equipment or tools
- Injuries caused by electrocution, fire, or explosions in factories or at remote job sites
- Repetitive stress or chronic injuries such as carpal tunnel or illnesses caused by unsafe equipment, or improper tools
- Exposure to hazardous chemicals or toxins such as asbestos
However, in some states, workers’ compensation law excludes the possibility of a personal injury lawsuit against your employer in a workplace injury situation. But in most cases, manufacturers of dangerous equipment, negligent employees of other companies, careless automobile or truck drivers, or owners of unsafe property can all be held liable in a tort lawsuit for damages.
With the help of a lawyer, one can pursue his rights in personal injury litigation while his worker’s compensation claim is pending or even while benefits are already being paid.
A personal injury lawyer will help determine possible third-party liability in the situations mentioned and develop a case from it. He can also help injured workers gather evidence for the case and evaluate these based on his experience.
If you are seriously injured, a lawyer can provide you with proper representation during negotiations for settlement of claims. And if necessary, when settlement fails, he can represent you in court.
At the most, personal injury claim or lawsuit may provide an opportunity to recover for injuries and damages not recoverable in a workers compensation action.