Workers’ Comp Violations
Workers’ Comp Violations
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Workers’ Comp Violations
Accidents and injuries can happen in many different work environments. Some professions expose workers to more hazards than others, but all injured employees deserve justice.
Fortunately, most employees in the United States are entitled to workers' compensation benefits following an on-the-job injury. If you’ve been hurt while doing your job, don’t hesitate to get in touch with a workers' compensation lawyer.
Having a skilled legal professional represent you will help you recover the benefits you rightfully deserve. Workers' compensation benefit payments can help you cover medical care, lost wages, and other expenses.
Unfortunately, some unscrupulous employers attempt to skirt regulations regarding workers' compensation to save money. Those who do so should be held legally liable for workers’ comp violations.
Employees deserve to have the value of their labor recognized and respected. If you experience an accident or injury at work, reach out to a workers' compensation lawyer at Morgan & Morgan.
Our firm’s knowledgeable legal team has been fighting for the interests of workers for more than 30 years. We know what’s needed to get these people the benefits they deserve.
Don’t allow a dishonest employer or greedy insurance corporation to deny you the money you need to move on with your life.
The skilled tort attorneys at Morgan and Morgan will happily provide you with a free consultation to discuss the facts of your workplace injury. Fill out the brief contact form on our website today to arrange your no-cost case evaluation.
Workers' Compensation Insurance Requirements
Workers' compensation insurance policies are intended to compensate injured employees following on-the-job accidents. This type of insurance is available to employers in every region of the United States.
The legal requirements surrounding workers' compensation coverage vary by state. However, most businesses are required to hold worker’s compensation insurance to protect their workers in case of injury or illness.
Some states mandate coverage for all employers, while others only require certain businesses to hold this type of policy. Some companies can legally forego workers' compensation coverage if:
- They’re a Texas business, where coverage is usually optional
- All employees are family members
- The business is owned and operated by a single individual
In some states, only businesses that employ a certain number of workers must carry workers' compensation insurance. If you believe your employer has wrongfully foregone this type of coverage, talk to the workers' compensation lawyers at Morgan & Morgan.
Our seasoned team has a thorough knowledge of workers' compensation requirements across the country. We’ll use this knowledge and the many resources at our disposal to help you fight for the benefits you’ve earned.
Businesses that have violated workers' comp regulations by failing to hold coverage may face significant penalties. For instance, some states may enact a fine of up to $100,000 for businesses that breach their legal duty.
Other Possible Workers' Compensation Violations
Failing to hold workers' compensation insurance is only one way that businesses can violate their legal requirements. Workers should be able to trust that their employers are compliant with all federal and state regulatory protections.
Some other common ways employers may violate regulations related to workers' compensation include:
Not Informing Workers of Their Rights
Businesses are mandated to post notices of legal compliance where workers can see them. These notices should advise employees about their rights and other relevant information.
For instance, employees should be informed about the name of the business’s workers' compensation carrier. They should also be made aware of their options for covered medical treatment following an on-the-job accident.
If your employer failed to inform you about your rights as an employee, it’s in your best interests to consult a workers' compensation lawyer. Hiring a legal representative will ensure that your rights are respected.
Failing to Provide Workers' Compensation Application Forms
When you report an accident or injury to your supervisor, they should provide you with relevant claim forms, along with written information detailing your rights as an employee.
It’s the worker’s responsibility to report workplace accidents and injuries as soon as possible. As such, the employer has an obligation to make their employees aware of the standard process surrounding workers' compensation claims.
Businesses that fail to provide injured workers with this important information have violated their rights. A workers' compensation lawyer can help you rectify the situation and seek the compensation you’re entitled to if your rights have been violated.
If you report an accident or injury at work, your employer is expected to treat you fairly. Businesses are prohibited from taking discriminatory actions against employees who file for workers' compensation insurance payments.
Those who have faced discrimination in the aftermath of a workers' comp claim should speak with an attorney immediately. Some of the most common examples of unfair and discriminatory treatment include:
- Cutting hours or wages
- Unreasonably decreasing pay
- Unfair demotions
- Wrongful termination
- Unfair reassignment to a less desirable position
The skilled tort lawyers at Morgan and Morgan have decades of experience holding discriminatory businesses accountable. We won’t rest until you’ve received the financial compensation you need to recover from your workplace injury.
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What Does Workers' Compensation Insurance Cover?
Workers' compensation insurance payments are intended to cover many of the monetary losses resulting from workplace accidents. Some examples of the costs and losses covered by workers' compensation include:
- Medical costs
- Lost income and wages
- Ongoing medical care expenses
Personal injury victims typically underestimate the financial losses that an accident entails. You shouldn’t be stuck with the costs and losses from your workplace illness or injury, especially if it occurred through no fault of your own.
One of the main functions of workers' compensation insurance is to cover medical treatment costs for workers, including:
- Hospital stays
- Medical travel
- Emergency room visits
- Doctor’s appointments
- Necessary surgeries
- Prescription drug costs
When an injury occurs on the job, earned benefit payments should compensate for the medical care you need. Discuss your case with a workers' compensation lawyer to pursue the full amount you’re owed.
Lost Income and Wages
Personal injuries often result in the victim’s inability to work.
Particularly severe injuries may require weeks, months, or even years of recovery time, leaving injured workers unable to make ends meet. Fortunately, workers' compensation payments can replace some of your lost income and wages.
In most cases, workers' comp benefits will compensate you for a specific portion of your standard weekly earnings. An attorney can help you fight for the money you need during your recovery.
Ongoing Medical Care Expenses
Some injuries and illnesses require ongoing medical treatments. For instance, a severe back injury may result in the need for long-term physical therapy.
Ongoing medical care is often covered by workers' compensation insurance policies. Don’t forego the benefits you deserve following a work-related illness or injury.
What About Workers' Compensation and Fatal Injuries?
Sadly, some workplace injuries result in the death of the employee. In these tragic circumstances, the decedent’s beneficiaries can file a workers' compensation claim on the victim’s behalf.
If you’ve lost a loved one in an on-the-job accident, a workers' compensation lawyer can help you pursue financial recovery for:
- Funeral costs
- Burial expenses
- End-of-life financial losses
The compassionate professionals at Morgan & Morgan know nothing is harder than losing someone you care about. Your family shouldn’t be forced to bear the financial burdens resulting from a workplace accident along with your grief in this difficult time.
What About Disability Coverage?
Workers' compensation also compensates injured employees when they become disabled. Applicants may be categorized according to several different disability classifications. These are:
Permanent Partial Disability
In cases of permanent partial disability, employees are permanently unable to complete certain tasks required by their job. Those suffering from partial disability will still be able to perform other job functions.
Permanent Total Disability
Permanent total disability is available to workers whose injuries permanently prevent them from working in any capacity. There’s no set limit on the number of payable weeks for employees with this type of injury.
Temporary Total Disability
You may be entitled to temporary total disability if your illness or injury completely prevents you from working until you recover. If you think you might qualify for temporary total disability, it’s a good idea to have an attorney help you apply for benefits.
Temporary Partial Disability
In some cases, employees temporarily lose the ability to perform certain work-related tasks. Disability payments for injured workers are subject to a certain weekly maximum. Speak with a Morgan and Morgan attorney to fully explore the options in your case.
Can I Sue My Employer Following a Workplace Accident?
The legal options for injured workers vary by state. However, some workplace injuries are the cause of a third party’s negligence.
Consider the following example: you’re working on a construction site occupied by employees of multiple companies and agencies. If the negligence of someone other than your employer causes you to suffer an injury or illness, you may have grounds for a tort claim.
The accomplished lawyers at Morgan & Morgan can determine whether you have a valid personal injury claim. In certain instances, victims may pursue compensation beyond that provided through their workers' compensation insurance.
Does Workers' Compensation Insurance Cover General Damages?
The term “general damages” refers to payments for accident and injury victims that compensate for intangible losses. General damages often compensate for the following types of harm:
- Physical pain and suffering
- Anxiety, depression, and panic
- Post-traumatic stress
- Emotional anguish
- Decreases in victims’ quality of life
Workers' compensation doesn’t cover these losses—it’s only meant to ensure against a portion of the financial losses injured workers experience.
When you speak with a legal professional at Morgan and Morgan, we’ll help you explore every available option for securing compensation. Depending on who’s responsible for your workplace injury, you may be able to pursue multiple claims for damages.
Our Workers' Compensation Lawyers Will Fight for You
When you need trustworthy legal guidance in the aftermath of a workplace accident, trust Morgan & Morgan. Our firm is home to more than 800 trial-ready legal professionals across the country.
Since our founding in 1988, we’ve steadily grown into America’s largest tort law firm. Together, our proven attorneys have successfully tried and settled more than a million cases.
This track record of success is one of the many reasons our clients love working with us. When we agree to take your workers' comp violations case, you can rest assured that we’ll fight effectively for you every step of the way.
Complete the simple contact form on our website to arrange a no-cost legal case evaluation with a member of our team.