Posts From July, 2022

Can you still sue after receiving workers comp?

When workers compensation is not provided through an employer, the company is not protected by no-fault laws, which would prevent any lawsuit from coming forward from an injury while working. A lawsuit may also include an employer who does have the insurance. Regardless, the employer will not have complete protection if a lawsuit was to be filed. If the employer does not carry workers compensation insurance, then any type of lawsuit can be filed. The employer with the insurance can only be sued if specific conditions apply.

When an employee is injured while working for a company that has no coverage, then bringing forward a suit is warranted because the employer must cover any lost wages sustained from missing work.  It is important to understand that when a lawsuit is brought forward to an employer, the case will not be considered as a workers compensation lawsuit, but regarding negligence against the employer.

When a negligence claim is filed, the non-insured employer will have difficulty fighting the negligence brought forward by an employee.

When an employee obtains workers compensation, they are still able to sue if gross negligence can be proven. This gross negligence is also a separate lawsuit aside from workers compensation. Plus, if a third party was involved with the cause for the accident, then they too can be sued. When this happens, they are involved with a lawsuit involving a personal injury.

Is Suing Possible Once Settlement Is Made

When the employer has workers compensation, there are no workers compensation settlements. This is covered within the Workers Compensation Act. Under the act, settlements were eliminated for injuries sustained while working. With workers compensation, the insurance only has to pay for the care of the employee and any wages that would be lost if they were out of work while injured. If the employer does not carry the insurance, then a settlement may be sought depending on the case.

When a settlement is sought, then the language involved will usually include the inability for the parties to sue each other. This inability prevents the employee from attempting to obtain a settlement. more compensation than what they were awarded with when a settlement was signed. So, once a settlement is reached and agreed upon, then there is no way to sue after

Usually, settlements are reached after liability is admitted and a certain amount is agreed to be paid to the employee. Although the laws covering no-fault are intended to prevent a suit, the employee can still attempt it.

Conclusion

In order to find out what course of action you should take, it is best to seek an attorney who has experience with workers compensation cases and the laws governing them. When you have been injured on the job and need to find out more information, then you should be in contact with us today. We will go over your options to ensure you receive the most and the best care for your injuries.

  • Posted on: Jul 31 2022
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Avoid a workers comp scam on social media

If you have always had a dream of being awarded with a big amount of money from workers compensation, then chances are a scammer will be on the hunt for you. This would be the case if you are befriended by a person through social media. The scam makes people think that they have money owed to them due to an unclaimed workers comp case.

The Way the Scam is Set Up

The initial contact will be by a scammer who is pretending to be a friend. A message will be sent to you by them saying that you have unclaimed funds from workers compensation. As you are talking to the friend, they will eventually provide a phone number to call so that you can obtain the funds.

After a while, you begin to believe the friend and decide to call the number. After all, it all sounds legit still. However, you will be asked to pay a fee to have the information checked and verified. The friend may even have an official sounding title.

Regardless, as soon as you begin to ask questions, a bit of suspicion starts to set in as soon as the mention of paying a fee before any other information is given. You may even be provided with payment options. You need to realize that if the amount you want is big, then the fee to pay will also be big. A lot of times, the scammer will ask you to have the fee wired or have prepaid methods used.

Consequences of Paying the Scammer

When you decide to send money, they will likely say thank you before disappearing with your payment. They may also ask for you to pay other amounts that are associated with the transaction. The bottom line is that you will not be receiving any money in return.

Steps to Take Against Social Media Scams Involving Workers Compensation

  • Make sure to never send money if you want to obtain money in return. When you are legitimately owed money, there will be no fees to pay.
  • Make sure that you know who is who. This is true when wiring funds or the need for prepaid cards are sent.
  • When the opportunity sounds good, then it is too good. You also need to be aware that making a promise will not result in you obtaining money.

Get In Touch To Find Out More

If you have concerns of being a victim of a workers compensation scam, then you should be in touch with the authorities to investigate the matter. If you have any other needs concerning workers compensation, then you should call us today to go over your case.

  • Posted on: Jul 17 2022
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