How Do I Know If I Have a Workers’ Compensation Claim?

If you were recently hurt while on the job, you should contact a Chattanooga workers’ compensation lawyer to discuss your case. You want a lawyer who can help you by determining whether you have a workers’ compensation claim or a personal injury claim.

What’s the difference between workers’ compensation claims and personal injury claims?

Workers’ compensation claims and personal injury claims have distinct differences, including:

• When you file a personal injury claim, you must have proof that someone else is at fault for your injuries. However, when you file a workers’ compensation claim, you do not need to prove any type of fault. You must simply show that you suffered injuries while at work or completing your work-related tasks.
• If a workers’ compensation claim is successful, it only covers your medical expenses and part of your lost wages. The current rate for workers’ compensation benefits in Chattanooga, TN is 67 percent. On the other hand, if you file a personal injury claim, you may be able to receive compensation to cover your medical bills, lost wages, pain and suffering, loss of quality of life, loss of enjoyment of activities, permanent disability, disfigurement and scarring, and more.

My coworker is the one who caused my injuries. Can I still file a claim?

A workers’ compensation claim covers any type of injury that occurs at work, which includes those caused by a coworker’s negligent behavior or actions. However, if your injury occurred because you and your coworker were roughhousing, acting silly, or being reckless, or even showing off, workers’ compensation may reject your claim.

Or, if you were involved in a fight or attacked by a coworker while at work, you may be eligible to file a workers’ compensation claim if you have proof that you did not initiate the altercation. If for any reason it is determined that you cannot file a workers’ compensation claim, your attorney may be able to help you pursue other alternatives, such as a personal injury lawsuit.

What if my injuries were the result of a defective product?

You can still file a workers’ compensation claim, but you could have other options. For example, if your coworker was operating an electric pallet jack while listening to music and failed to stop or slow down as you crossed their path, there is a good chance that they can be held directly liable for the accident and your injuries. However, if there was a mechanical issue with the pallet jack, the manufacturer or employer could be held accountable as well. You may be eligible to file a third-party injury claim against the manufacturer.

What if my coworker is a contractor or subcontractor?

If you suffer injuries while on the job, they will usually be covered by workers’ compensation. However, you may be to file a third-party claim is your co-worker is employed by another company, is a subcontractor, or self-employed.

Even though many people try to handle their workers’ compensation claims on their own, it is highly recommended that you refrain from doing so. Instead, consider reaching out to a Chattanooga workers’ compensation lawyer from Wagner & Wagner, Attorneys at Law as quickly as possible. Our team can guide you through the entire process of filing your claim, as well as help you appeal if necessary. Please call our office or submit our contact form to schedule your free, no-obligation case review today. Whether you are in Chattanooga, Cleveland, or North Georgia, we are happy to help you get through this challenging time in your life.