Workers Compensation Law Information and Lawsuit Case Examples...

Processing a claim made under workers comp law varies from state to state, but nearly always involves an employer, the employee, the insurance provider, and medical professionals.

Workers compensation is a no-fault system. It's designed to provide benefits to employees while protecting employers from lawsuits. 

By sidestepping the court system and the need to prove fault or negligence, the entire process is considerably streamlined when compared to other personal injury cases.

Workers compensation claims are typically limited to medical benefits and partial compensation for lost earning potential. Each state has its own laws and regulations.

Generally, workers compensation claims are good for 50 to 70% of the worker's wages, and often include extensions of benefits normally tied to employment. Extreme cases may result in permanent or partial disability being claimed, resulting in a permanent stipend.

-aggravation of pre-existing conditions (such as a back injury or carpal tunnel syndrome);

-injuries sustained on company property or at a company sponsored activity (such as a company picnic);

-even injury caused by company owned assets like chairs or a coffee maker can qualify.

More serious cases include diseases triggered by exposure to hazards while on the job, such as benzene, asbestos or silica dust.

While mesothelioma is one extreme example of this, others include rashes brought on by exposure to cleaning chemicals, and hyoid functional disorders caused by exposure to gasoline.

Workers compensation law typically doesn't cover injuries sustained from horseplay at work or injuries sustained while operating equipment in an impaired state. Likewise, only a few states provide coverage for employees injured while travelling to and from work, unless that transportation is provided for by the employer.

If you feel you have an injury claim, follow the usual procedure within your company – report it to your employer (including the scope of the injury and where it was sustained), then fill out a claim form.

Be certain to file the claim form as soon as possible.

The vast majority of workers compensation cases are streamlined and only involve filing a claim with the workers compensation insurance carrier. But there are times when it's necessary to bring in an attorney due to limits on duration of coverage or denial of what qualifies for coverage.

Workers Compensation Case Studies:

Read the following real life case examples to better understand workers compensation law:

Felonious Assault Case Filed Against the Plaintiff's Employer - In this felonious assault case the plaintiff is seeking workers compensation benefits from her employer after alleged sexual harassment..

Workers Comp Case Where Insurance Carrier is Denied Payment - In this workers comp case the plaintiff, the Special Disability Fund, is refusing payment to a workers comp insurance carrier due to a late filing of a request-for-payment form.

Workers Comp Claim Involving an Insurance Company Denying Benefits - In this workers comp claim the insurance carrier is denying an employee's injury benefits because he was injured in another state.

Workers Compensation Coverage Case Where Plaintiff Wants More Injury Compensation - In this workers compensation coverage case the plaintiff is asking for damages for his injuries over and above the normal workers compensation payments, but he fails to present sufficient evidence to convince the court it's warranted.

Workers Compensation Settlement Pursued for Carpal Tunnel - In this workers compensation settlement case the plaintiff is seeking damages from her employer for wrist injuries including Carpal Tunnel Syndrome.

Workers Comp Rates Disputed by the Defendant Construction Company - In this court case the plaintiff is disputing unfounded increases in their workers comp rates and breach of contract by its insurance carrier. They assert the wording in the workmans comp agreement is ambiguous.

Workers Comp Settlement Case Involving Fraudulent Claims - In this workers comp settlement case a major insurance company has been defrauded by a group of individuals claiming false injuries. The District Attorney's office is involved and criminal charges are filed against the perpetrators.

Workers Comp Lawsuit Asserting that Housing Be Included in Compensation - In this workers comp lawsuit the plaintiff is making a case that, for the purposes of wage compensation, certain benefits of employment should be included in her benefits.