Workplace injuries are a matter of everyday life. Whether you are working as a driver, in a factory, or in an office position, injuries happen. Nevertheless, injured workers have rights and remedies. The Workers’ Compensation System sets them forth.
Workers’ Compensation is a system permitting injured employees to recover for their lost wages and medical bills as a result of an on the job injury, subject to certain conditions. Below are a few general principles that serve as guide posts for understanding a good workers’ compensation claim. Please bear in mind that each case is different and needs to be examined on its own merits. So, above all, you should consult with your lawyer or find one if you are injured on the job. First, the injured worker must prove his status as an “employee”, in a company that is required by law to pay workers’ compensation benefits. A worker’s status as an employee depends on the amount of control exercised by his employer when supervising certain activities affecting the time, manner, and method of the worker’s employment.
Second, the injured worker must have been hurt in a circumstance arising out of and in the ordinary course of his employment. This simply means that the injured worker must have been performing an on the job activity when injured.
Next, the injured worker must not have engaged in conduct that would exclude him from recovery under the law. This sort of conduct can include being injured while impaired by alcohol or drugs, injuries sustained during horseplay, and injuries acquired during a fight initiated by the injured employee.
The injured worker does not need to demonstrate his absence of negligence. Nor must he prove his employer’s negligence in order to recover for workers’ compensation. Workers’ Compensation is a NO FAULT SYSTEM, unlike personal injury. Therefore, if you are injured on the job, in most cases, fault is not a significant factor affecting your recovery.
If you have been injured on the job, THE MANCE LAW GROUP will ggressively fight for your rights. Call 912.574.4LAW(4529) FOR A FREE CONSULTATION TODAY!