After a serious injury at work, a resident of Appleton or the other communities around Wisconsin might not be able to perform their jobs. They also may no longer be able to do their favorite activities, like enjoy the outdoors, for example. In the worst cases, they will depend on other people for help, perhaps for the rest of their lives.
Thankfully, workers’ compensation benefits are available to most employees who suffer a severe injury in a workplace accident. These benefits cover a person’s medical bills and other qualified out-of-pocket expenses. They also pay for a significant portion of a person’s lost wages.
The idea behind these benefits is to help an employee while they must be off work to recover.
Still, workers’ compensation does not pay for everything. Specifically, it does not cover a person’s pain and suffering or other non-economic losses.
There is a tradeoff to workers’ compensation. After receiving benefits, injured employees usually cannot sue their employers, even if the employer’s negligence contributed to the injury. Although if an employer safety violation caused the accident, the employee would have a safety violation penalty claim against the employer.
However, depending on their situation, a worker may have other legal options for getting all the compensation that they will likely need in order to move on with their lives.
Was someone else responsible for my workplace accident?
An injured Wisconsin worker or their families should ask if another person or business, besides their employer, shares responsibility for their accident.
If they even suspect as much, they should consider filing a separate personal injury claim against the responsible party and that party’s liability insurer. Doing so is allowed even if a person is receiving workers’ compensation.
It is surprising how often third parties are responsible for workplace accidents. As just one example, one should think of anyone who has been hurt by a negligent driver while traveling for work.
A personal injury suit may give an injured worker a chance to receive additional compensation that they deserve, particularly in the area of pain and suffering and other non-economic losses.