A work injury is an injury that occurs during the course of one’s employment. Usually, a work injury or workplace injury is one that is caused by the type of task that the person is required to do at their job. The term also applies to injuries that occur during work hours or while on the employment premises.
Most work injury claims are resolved through a worker’s compensation claim. The terms of the employment contract will often guide this resolution process between the worker and the employer. Various state and federal laws also govern health and safety standards in work environments in efforts to help reduce work-related injuries.
While some employers may compensate for injuries that are not related to the job description, most claims focus on injuries that are directly associated with the job description. These include:
In some instances, worker’s compensation may also cover off-side injuries sustained outside the workplace (for instance, injuries resulting from a car accident during the course of a work day). Again, this will depend on the nature of the employment contract between the worker and employer, as well as state laws. Generally speaking, if the injury occurs while the worker is "on the clock" or under the direction of their employer, it may be possible to hold the employer liable.
Most legal remedies for work injuries include some sort of damage award paid by the employer to the plaintiff. This is intended to help compensate the worker for medical bills and other costs. Insurance may cover some of the damages award, but in many cases, the employer may have to pay "out of pocket" for other costs.
Work injury lawyers focus on helping clients obtain compensation for their injuries. Filing a claim for a work injury can often be complicated, especially if there are multiple parties involved. You may wish to hire a qualified employment lawyer in your area if you need help filing a lawsuit for a work injury. Your attorney can provide you with the legal advice and guidance that is necessary to succeed on your injury claim. Also, your lawyer can represent you in court during the actual trial proceedings.
Last Modified: 08-07-2014 02:50 PM PDTLaw Library Disclaimer
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