Workers’ Compensation

Generally, workplace accidents are covered by state workers’ compensation laws. Most businesses are required to purchase workers’ compensation insurance. In most instances, when an employee is injured at work, instead filing a personal injury lawsuit against the employer, the injured employee must file a workers’ compensation claim and recovery is limited to benefits provided by the employers’ workers compensation insurance. This includes medical treatment, income, disability, and death benefits.

If injured at work, while in most instances employees must file workers’ compensation claims to received medical benefits and wage replacement, there are instances in which the injured employee would have the right to pursue a claim in court. If the employer intentionally injures the employee, if the employer’s behavior amounts to gross negligence, or if the employer lacks adequate workers’ compensation insurance, the injured employee may be able to pursue a personal injury lawsuit against the employer in court.

The top reasons for denied workers’ compensation claims include the doctor’s diagnosis being inaccurate, the doctor concluding that the injury is not serious enough, or the doctor concluding that the injury was caused by a pre-existing injury or condition. There are procedures that must be followed when filing workers’ compensation claims. Claims are routinely denied because the paperwork is not filed timely or correctly.