Workers Compensation Lawsuits – How to Collect Medical Costs and Other Payments
The primary tool of change in workers’ compensation lawsuits used to be the Americans With Disabilities Act (AWDA). It requires any entity receiving federal funds to make their workstations accessible to the disabled. The AWDA was signed by former President Bush. In essence, the AWDA is the federal mandate for making accessible workplaces.
However, there are states that are attempting to use the AWDA as a way to circumvent the rights of injured workers.
These claims are currently being considered in court by worker’s compensation lawsuits. Many lawyers feel that these lawsuits should have more latitude to determine what work is accessible to an injured worker. Some argue that if a company should establish a wheelchair lift in a workplace, the employee should be entitled to sue due to injuries caused from this device.
In many of these instances, the injured workers are simply offered the opportunity to sue.
If an employer complies with this request, the worker is often instructed to sue the company instead of the individual employer. A worker who has been injured on the job site, but does not sue the employer for their negligence, may find that they are punished by losing parts or all of their workers’ compensation benefits. If an injured worker attempts to sue after suffering injuries at another person’s property, the employer may attempt to defeat the claim by pointing out that other entities, such as insurance companies and rental companies, were at fault.
There are also workers’ compensation cases in which injured workers seek damages from an individual third party for injuries received on the job site.
In these instances, the worker often waives their right to a workers compensation case against the employer. Instead, they file a claim against the third party for pain and suffering, which can be significantly more expensive. Often, the workers’ compensation lawyer will have to go to court to attempt to get this case thrown out.
Often, injured workers will be tempted to try to get a claim through their own employer, as this would help them collect their medical bills and prove that they incurred legal costs while injured.
Unfortunately, it is very difficult for injured workers to prove that they sustained injuries on the job without some kind of support from their employer. Even if the employer does provide medical care, they will often be responsible for any related hospital bills. It is extremely unlikely that an injured worker will be able to collect any money without the help of their employer. If an injured worker is unable to receive monetary compensation from their employer, many times they will choose to file a workers compensation lawsuit against the third party that they believe is responsible for their injuries.
In most cases, it is not the employer that is financially responsible for third-party workers’ compensation lawsuits.
Usually, the injured employee simply pays his or her own medical bills. In addition, workers often find that they have to take a hefty financial hit when they are unable to work due to their injuries. Therefore, it is usually better for injured workers to seek the advice of their attorney prior to filing any claims against their employer.