When people go to work every day, they expect their day to go as usual. They follow the same routine and go home at the end of the day. Many people do not think about the possibility of an accident happening in the workplace. No matter an individual’s profession, there is always a chance of an accident happening. Regardless of how an injury happened, people should feel comfortable knowing that workers’ compensation exists to help them during this time.
Workers’ Compensation
When people are injured at their job, they are able to receive financial compensation. Workers’ compensation is insurance that all employers in Washington D.C. must have in the event that their employees become injured on the job. This is in place so that employees do not lose their jobs if they become injured at work. Through this compensation, victims of an accident are able to collect benefits that help them during their time of need. This compensation can cover medical bills, lost wages, and any lost future wages. In addition to this, they may also be entitled to other benefits such as:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
If an individual wishes to receive workers’ compensation, they must notify their employer within 30 days from when the accident occurred. In order to preserve their right to these benefits, a claim must be filed with the state within 1 year from the date of the accident. If they do not do so within this time limit, the individual may lose the opportunity to collect workers’ compensation.
Who is Responsible?
When a person is injured in a workplace accident, they are able to sue their employer to hold them responsible for the accident. However, this has the potential to create a hostile work environment. Instead of suing an employer, workers’ compensation is available to employees. When this happens, neither the employee or the employer is held responsible for the accident or any injuries.
These laws protect both the employees and their employers. If an employee accepts workers’ compensation benefits, they are not able to pursue legal action against their employer for their injuries. The circumstances are subject to change if a third party was involved in the accident.
Third Party Lawsuits
While an individual cannot take legal action against their employer if they receive workers’ compensation, they may be able to do so against a third party. If another party is responsible for a person’s injury, they may hold that party responsible while still receiving workers’ compensation. When this happens, the employee must be able to show this party knew about, or should have known about, the hazardous conditions that caused their injury. This requires the employee to gather evidence that proves so. If the injured employee wins their lawsuit and receives compensation from it, they may be required to pay back the workers’ compensation they received before the lawsuit.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact Trombly & Singer, PLLC.today.
The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.
