Working in certain industries such as manufacturing and construction can be risky, but accidents can happen in any workplace. Regardless of your industry, you should speak with a Gilbert personal injury attorney to determine if you are eligible for workers’ compensation after an on-the-job accident.
There are specific legal requirements for pursuing this type of case, so it could be beneficial to work with an attorney. A Gilbert workers’ compensation lawyer could inform you of relevant state laws and help you obtain the restitution you need.
Most companies, corporations, or sole proprietors must pay for workers’ compensation insurance on behalf of their part-time and full-time employees. Certain types of employees, such as independent contractors, domestic servants, and “casual” workers are not entitled to workers’ comp benefits.
When an employer buys into the workers’ compensation system, they automatically assume liability for any injuries their employees suffer while performing job-related duties. Businesses that participate in this system are immune to civil liability for personal injuries in the workplace. Employees cannot file negligence claims against their employers if the company has worker’s compensation insurance.
However, if a workplace accident stems from the negligence of a third party, such as a contractor or supplier, an employee could pursue a civil case at the same time as a workers’ compensation claim. An attorney could help injured parties determine if they have grounds for a lawsuit in addition to a workers’ comp claim.
The first step in pursuing workers’ compensation after an on-the-job accident is acquiring formal documentation of the injury. Employees can do this by filing a Workers’ Report of Injury document with the Industrial Commission of Arizona.
Employees can also use a Worker’s and Physician’s Report of Injury form from their doctor to initiate a claim. Regardless of the type of document used, a worker must file their claim no more than a year after the incident occurred. Through a successful workplace accident case, an injured employee may seek compensation for various economic damages, including:
Funeral expenses and death benefits might also be awarded to surviving family members of deceased workers. A lawyer in the area could help injured parties structure a workers’ compensation claim and fight for damages in court. If the first trial has an unsatisfactory outcome, an attorney may also be able to guide the plaintiff through the appeals process.
Filing for workers’ compensation after an on-the-job accident is not always easy. There are strict legal requirements for these types of cases, and failing to adhere to these rules can result in the denial of a claim.
Working with a Gilbert workers’ compensation lawyer could increase your chances of success. Call today to talk with a qualified legal professional about your case.