The mere fact that your employees are injured on the job may be enough for the negligent employer to be at fault for providing inadequate safety measures—and to compensate you for the resulting injury. But the cost of compensating these employees can be extremely costly. That’s why it’s always in your best interests to employ an Allentown workers’ compensation lawyer who can help you navigate these complicated legal waters and get the maximum possible settlement for your employees.
There are generally two types of workers’ compensation claims for employers to consider. The first is an accidental injury, which is a work-related illness or injury that happens suddenly and unexpectedly. A common example of this is a slip and fall, where the employee suffers an injury as a result of wet floors due to negligence on behalf of the employer. Another example would be if one employee hit another with a hammer (perhaps accidentally) causing serious damage but also resulting in serious injury for both parties. This is often referred to as mutual negligence.
The other type of workers’ compensation claim is one that is the result of a sudden and unexpected injury that causes an actual disease. In these cases, the worker is already hurt by way of the work environment, but their body’s natural response to the injury makes it worse. An example would be a mechanic who gets a cut while working on a car without protection. He may not have gotten hurt had he been wearing gloves or better shoes with non-slip soles.
The boss saw the injury and gave him a day off without pay to see the doctor. In this case, the employer is also at fault for not ensuring that the employee was being properly protected—which means that it’s not only expensive to get compensated; it’s also potentially dangerous for your employees.
The Timing of an Accidental Injury
If the injury was caused by the negligence of an employee or contractor and not the employer, then the worker may be able to recover damages (such as medical expenses, pain and suffering) from that person. But you cannot recover your worker’s compensation benefits. Additionally, you may have to pay the costs of maintaining a worker’s compensation claim in lieu of your employee—which could be prohibitively expensive.