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What are my legal options when I suffered a neck injury at work. Does the fact that I received sick leave pay limit my recovery for the injury?
When you’re injured at work, you have two choices in terms of compensation. You can file a lawsuit or file for workers' compensation. Workers' compensation was created as a way to reduce litigation and to make speedier payments to injured employees. It’s essentially a trade off: injured employees get compensated for their injuries promptly, but in return employees agree that the workers’ compensation benefits will be the only ones they receive (meaning they can’t sue for more damages).
Some work related injuries can be settled quickly and easily, while others may require extensive litigation to fully compensate the injured employee. You should work with your attorney to discuss the real value of your claim, so you can decide the best way to move forward.
If you suffer from a work related injury, it is important to help your chances of a favorable result by reporting the injury as soon as possible to your employer (using the proper forms, not just telling the employer about it). A work related injury should also be evaluated by a doctor, as medical evidence is required for work related injury claims.
There are generally four types of workers’ compensation benefits you may be entitled to as a result of a work related injury:
· medical, including physical, mental, and vocational rehabilitation expenses;
· compensation for a temporary period including time lost while you are unable to work;
· compensation for permanent disability or a specific injury; and
· death benefits for certain surviving relatives and certain dependents.
Receiving sick pay does not necessarily limit your ability to recover additional damages from workers compensation or in a lawsuit you later file. But the employer who paid for the sick time may be reimbursed for those payments, either through any workers’ compensation benefits you receive or from the damage award you win in a lawsuit.
It is always best to contact an attorney to find out what your state laws regarding workers' compensation are. An experienced workers’ comp lawyer can help make sure the proper steps are followed and that your legal rights are protected. |
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