If you are hurt on the job or sustain an occupational disease (carpal tunnel syndrome and asbestos-related injuries are typical examples), then you may be entitled to workers’ compensation benefits. Workers’ compensation benefits typically include the following:
- Disability benefits where an employee cannot work because of job-related injuries
- Medical treatment
- Vocational rehabilitation where an employee cannot return to his former occupation
- Benefits for dependents (for example, spouse and non-adult children) of a worker killed on the job
If you are injured on the job, you should file a workers’ compensation claim. Workers’ compensation is established by state law. Every state’s workers’ compensation procedure is different. The Washington metropolitan area is made up of three jurisdictions: Washington DC, Maryland and Virginia. Determining which jurisdiction to file your claim depends on a variety of factors, including where the injury occurred and where the employer is located. Since workers’ compensation law is different in each of these jurisdictions, where the claim is filed is very important. If you have been injured on the job, please read the following information to learn more about your options and discuss your case with an experienced workers’ compensation attorney.
Benefits of Workers Compensation
Workers’ compensation is designed to provide injured workers monetary benefits and medical treatment for job-related injuries in lieu of the injured worker filing a lawsuit against the employer.
The benefits of workers’ compensation are (1) that the process tends to be quicker than traditional litigation, (2) that the process does not require the employee to prove that anyone was at fault for the injury and (3) that the process is designed to provide the injured worker benefits during the course of treatment for the injury.
The downside of workers compensation is that benefits are limited. Moreover, an injured worker cannot receive pain and suffering damages or punitive damages from his employer as a result of the on-the-job injury. A qualified Virginia, Maryland and Washington DC workers compensation lawyer can help with the details of individual cases.
Types of Workers Compensation Benefits
Temporary Total Disability
Temporary total disability benefits are available when an injured worker is unable to work due to his workplace injury and is under active medical care. “Temporary” means that the injured worker’s inability to work (disability) is not permanent. “Total” means that the injured employee cannot work in any capacity.
Temporary Partial Disability
Temporary partial disability benefits are available where an injured worker is able to do some work but is medically restricted from working the job the person was performing at the time of the injury. For example, if an injured worker’s treating physician states that the injured worker can return to work but only for four hours per day (versus a typical eight-hour workday), then that injured worker may be entitled to temporary partial disability benefits. With temporary partial disability, the worker receives a percentage of her pre-injury income and is expected to perform some work to earn the rest of her compensation.
Permanent Total Disability
Permanent total disability benefits are available where an injured worker has suffered an injury or occupational disease that completely and permanently prohibits him from returning to work in any capacity.
Permanent Partial Disability
Even if a worker cannot obtain permanent total disability benefits, she may still be eligible for permanent partial disability benefits if she has a permanent injury that impacts her ability to fully perform her job but is able to work in some capacity.
Disfigurement/Mutilation
A worker may receive compensation for disfigurement or scarring.
Who Can You Sue for Your Work-Related Injury?
A Washington DC, Maryland, and Virginia workers comp lawyer, in most circumstances an injured employee cannot sue his employer for on-the-job injuries or occupational diseases. Where an employee’s injuries are caused by the negligence of someone other than the employer, however, the injured employee can sue the non-employer for damages.
A classic example is where an employee is driving for his job and is injured in a motor vehicle collision that is someone else’s fault. The employee actually has two claims: (1) a workers’ compensation claim against his employer; and (2) a negligence claim against the person who caused the collision. The latter claim is called a “third-party claim.” Other examples of third-party claims include: asbestos diseases, products liability cases, and some construction accident cases where an employee’s injuries sustained on a jobsite were caused by a person working for a company other than the employee’s employer. Medical malpractice cases can also be tied to workers’ compensation claims in which the malpractice is related to medical treatment for an on-the-job injury.
One difference between the two types of claims is that in workers’ compensation claims, the injured employee cannot recover for pain and suffering from his employer, whereas pain and suffering damages would be available in the third-party claim against the other person or company who caused the injury. In all cases in which you suffer an injury while on the job, you should consult an attorney that can handle both claims at the same time.
If You Have Suffered from an On-the-Job Injury
Workers’ compensation benefits vary depending on the nature and extent of your injuries. Workers compensation laws vary from state to state, however, so you should consult with an experienced Maryland, Washington DC, and Virginia workers compensation attorney to determine your options.
You may be entitled to workers compensation benefits. If you need the assistance of a Virginia, Maryland or Washington DC workers compensation lawyer, contact the attorneys at Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. |
