Getting injured while on the job is never something we want to happen. However, from time to time accidents happen and we find ourselves unable to work.
In this circumstance, what are our options? What kinds of compensation are available to us if we can’t work?
Indiana’s workers’ compensation laws prevent injured workers from suing their employers or other people employed by the same employer for causing a work injury, unless it can be proven that the employer or another employee purposely harmed the worker. If your work accident happens due to the fault of another company or person employed by another company, you may file a lawsuit for damages. This lawsuit would be in addition to your claim for workers’ compensation benefits.
If you have an accident on the job, workers’ compensation should compensate you for your injuries and time off of work. But what if your employer or another employee are directly responsible for your injuries?
For example, if your supervisor intentionally punches you in the face and breaks your nose, you may be permitted to file a lawsuit against your boss. However, you will be asked to choose between accepting workers’ compensation benefits and the lawsuit.
If you are presented with this situation, or just attempting to navigate filing a workers’ compensation claim, contacting a South Bend personal injury attorney is an appropriate next step. An experienced personal injury attorney can help you make sure you receive the compensation you deserve from workers’ compensation. If your employer or a third party were grossly at fault, an experienced attorney is also able to help you determine whether to file a lawsuit instead of, or in addition to, your workers’ compensation claim.
Pfeifer, Morgan & Stesiak. Ph: (574) 444-0741
