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What If Workers’ Compensation Does Not Cover All Expenses?

February 25, 2020

Workers’ compensation insurance is a necessity for all workplaces. Injuries happen at work; whether you suffer a broken bone on your construction job or a soft tissue injury on your office job, workers’ compensation insurance is there to cover your lost wages and medical expenses. These benefits are available to both workers and employers. In most cases, the workers’ compensation insurance will cover both parties on a no-fault basis.

Workers’ compensation benefits are meant to streamline the process if an injury is suffered in the workplace. The benefits essentially cover basic necessities following an injury, including the time you lost while injured and the medical assistance you need to recover, including diagnostic tests, prescriptions, and physical therapy. These benefits also depend on the injury itself.  If permanently injured, you would receive permanent disability benefits because you can no longer work at all, and partial disability benefits for partially disabled workers who can perform minimal work. Death benefits are for surviving families if the injury was fatal.

Drawbacks to Workers’ Compensation Insurance

Unfortunately, there are some drawbacks to workers’ compensation insurance and the range of its coverage, especially if you were seriously injured. First, since it covers both parties’ expenses of worker and employer, the worker gives up the right to pursue a lawsuit against their employer. If you were permanently disabled, you cannot claim expenses outside of lost wages and medical bills, such as pain and suffering or emotional distress. Also, lost wages are normally only covered up to a certain percentage, and medical expenses must be considered reasonable, which could mean there is no guarantee for coverage if rehabilitation is needed for a serious or permanent injury.

Third Party Lawsuits

If you are an injured worker and your workers’ compensation does not cover all your expenses, a lawsuit against a third party contractor is an option if you believe they should be held liable for your injury. This includes being injured by defective equipment if you worked in a factory or construction workers who risk injury from equipment defects. In a third-party claim, the injured worker must prove that third party’s negligence led to their injuries. This involves them proving the third party had a duty to uphold, and by breaching that duty, the worker sustained injuries.

Cherry Hill Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP Fight for Injured Workers

If you were injured at work, contact the Cherry Hill workers’ compensation lawyers at Pietras Saracino Smith & Meeks, LLP. Our knowledgeable and experienced lawyers will fight to obtain the utmost compensation you rightfully deserve for your injuries so you can focus on your recovery. Call us today at 856-761-3773 or fill out our online form for a free consultation. Located in Cherry Hill, New Jersey, we proudly serve clients throughout South Jersey, including Camden, Cinnaminson, Delran, Maple Shade, and Pennsauken.

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