Introduction
When it comes to dealing with workplace injuries, a plethora of employees wonder whether they can file a personal injury claims while accepting workers’ compensation. This article attempts to resolve this rather convoluted problem step by step, and alongside those providing attorneys with the information necessary to handle these claims. Further, we will examine how reviewing medical records assists in building these cases.
Understanding Workers’ Compensation
What is Workers’ Compensation?
• Definition: Workers’ compensation refers to an insurance policy that provides wage replacement and medical benefits to workers injured while on duty.
• No-Fault System: Injured employees are entitled to benefits without having to establish negligence.
Benefits of Workers’ Compensation
• Medical Treatment: Payment for healthcare services rendered as a result of the injury.
• Incidental Payment: Payment during the period the employee is absent from work because of the injury.
• Therapeutic Payment: Assistance with expenses incurred for physical therapy and rehabilitation services.
Can You File a Personal Injury Lawsuit While Receiving Workers’ Compensation?
Legal Perspective
• Multiple lawsuits: In a good number of cases, employees have the right to file for both workers’ compensation and a personal injury claim, particularly if there is a chance a third party is involved.
• Claims from Other Parties: A personal injury claim can be pursued if the injury was the result of a third party’s actions, such as a defective product or another motorist.
Key Considerations
• State Jurisdiction: A claimant’s jurisdiction determines the extent of filing a dual claim. Attorneys need to understand the applicable jurisdiction.
• Claim consequences on benefits: Filing a separate personal injury claim could impact the total amount of workers’ compensation benefits received.
The Importance of Medical Records Review
The Importance of Medical Records
• Collecting evidence: In cases of injury, medical records are vital in proving the level of the injury and its effect on the victim.
• Proof of inclusion and exclusion: proper documentation can enable the linking of the injury and the claim from negligence of an employer or some other third party.
How We Assist Attorneys
• Analysis of medical records: Attorneys rely on us to complete thorough analyses which involve evaluating the medical history, treatment, and prognosis documented.
• Court cases: We provide coherent opinions that support other allegations made in a case.
Frequently Asked Questions
Can I Have Workers’ Comp Pay and a Personal Injury Settlement?
• Yes, but: Employees are eligible for both, but they may receive less in total payment due to the adjustment of compensation based on workers’ benefits.
What Happens if I Settle My Personal Injury Case?
• Impacts Workers’ Compensation: Settling a personal injury case might impose an obligation to pay back some of the received workers’ compensation.
How Do I My Prove Negligence in a Personal Injury Case?
• Proving Liability: Attorneys must prove that the injury was inflicted due to negligence of a third party for which there are medical records and testimonies from the physicians.
Case Studies
Case Study 1: Construction Site Injury
• Overview: An employee suffered an injury as a result of a fall from faulty scaffolding.
• Challenges: Proving that the scaffolding was defective and not due to the employee’s negligence.
• Solutions: Expert testimony explained the injury and medical records confirmed its seriousness.
Case Study 2: Office Injury from a Slip and fall
• Overview: An office worker suffered serious injuries from a slip on a wet floor.
• Challenges: The employer bore some liability due to company procedures regarding cleaning up spills.
• Solutions: Medical records documented the injuries and there were accounts of witnesses who said proper signage was not posted.
Conclusion
An understanding of the law is essential in navigating the intricacies of workers’ compensation alongside personal injury claims. Legal counsel gets advanced by using the medical records review services to strengthen cases for their clients. With the right knowledge and other person’s expertise, lawyers can be able to fight for the rights of the workers who get injured.
