Worker’s compensation is a specialized area of law which applies to employees who are injured at work. When an employee is hurt on the job or contracts a disease related to employment, the employer must compensate that employee for those injuries.
Workers’ compensation is a no-fault system, meaning that an employee does not have to prove his employer was negligent in causing injury. All the employee needs to show is that the injury is work-related. When an employee has a claim against the employer, the employee’s sole remedy is for workers’ compensation benefits, with one exception — when the employer intentionally causes the injury.
Because workers’ compensation laws are strict, you need an experienced attorney in that area to handle your case. For example, in certain situations where an employee is injured at work, the employee might be able to file a separate personal injury action. For instance, a personal injury action might also be available where the employee is injured by a defective product or a contractor on the job-site.
A worker’s compensation attorney can advise you as to your potential remedies. Generally, an injured worker is entitled to wage loss benefits during the period of disability, work-related medical expenses including mileage expenses for medical treatment. When a family member has died as the result of injuries sustained at work, the surviving family members can receive death benefits and burial expenses.
If you, or a family member, have been injured in a workplace accident, contact one of the experienced worker’s compensation attorneys at deGravelles & Palmintier to learn about your rights.