Workers Compensation.

Workers compensation question. Can you get compensation?

  • I had an accident at work. I fell and they are trying to do a surgery on me. However my question is: do I only qualify for Disability until I recover? a lawyer said that I will not be able to get any compensation (money) he said that not if it is a workers compensation. I don't know if it is true though. Sounds weird. So, what's the purpose of suing

  • Answer:

    Depends on what state you're in, but typically the route the lawyer wants to go is impossible. WC will pay for reasonable medical bills and 66% or 75% of your Average Weekly Wage (AWW). There's also a schedule for any kind of permanent disability or impairement that they can pay from. The lawyer wants you to bypass all that to sue your employer to get his commission. In most states it's very tough to sue your employer, since Workers Compensation is the sole remedy and all they are legally required to purchase.

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You don't get pain & suffering, with workers comp. You only get medical bills, and lost wages while you're disabled, if you're out long enough. The length of time you have to miss work, to get lost wages, varies by state.

mbrcatz

If your employer filed a workers' comp claim, you will be paid a percentage of your weekly average pay. You can't get anything else because everything is being paid for by the workers' comp carrier. My sister-in-law wanted to file a wrongful death suit when my brother died, but she couldn't because she had received a workers' comp settlement.

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