When people go into work for the day, they expect their day to go as usual. They do not usually consider the possibility of being injured at work in an accident. Regardless of what an individual does for a living, there is always a chance of an accident happening at work. If this does happen, employees should feel a sense of comfort knowing that workers’ compensation is available for them if they become injured at work.
When an employee is hurt on the job, financial compensation for them to receive. Workers’ compensation is “no-fault” insurance that the majority of employers in Arizona are required to have in case their employees become injured on the job. This exists so employees do not lose their jobs if they are injured at work. Through this compensation, those who are injured are able to collect benefits that assist them while they are unable to work. This can cover medical bills, lost wages, and any lost future wages. In addition to this, employees may have the right 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 employee is injured at work, it is crucial to report the accident to the employer or supervisor immediately. They must file a claim if they wish to receive workers’ compensation. The claim will be evaluated, which may include an investigation as well as interviews. This is conducted to determine if the claim is covered under workers’ compensation law. When a decision is reached, both parties in the case have the right to appeal the approval or denial.
Who is Responsible?
When an employee is injured at work, it is possible to hold their employer responsible. However, this can make for an uncomfortable work environment. Instead of pursuing an employer for compensation, workers’ compensation is available. When this happens, neither the injured employee or their employer is held responsible for the accident. This system protects both parties because employees are not able to seek legal action against an employer if they are receiving workers’ compensation.
Third Party Lawsuits
While legal action cannot be pursued against an employer in this case, it may be possible to do so against a third party. If a third party is responsible for the employee’s injury, that party may be held responsible while workers’ compensation is still being collected. In order to prove the party is liable, the employee must show they knew or should have known about, the hazard that caused the injury. This requires the employee to collect evidence that proves so. If the employee wins the lawsuit and receives compensation from the third party, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contactWeintraub & Weintraub today.
The legal team at Weintraub & Weintraub has years of experience representing clients who have been injured in accidents due to the negligence of others as well as those who are facing charges of driving under the influence. If you need strong legal representation, contact our firm today.