Q: Are there other legal remedies in my case?
There are several types of actions that can be brought along with a Workers’ Compensation case. Generally speaking, a workers’ compensation claim is usually the only remedy you have against your employer. There are many exceptions though, a few of which are as follows:
- Serious and Willful “S&W”
Sometimes employers violate OSHA safety orders and/or conduct themselves in such a fashion towards their employees as to border on intentional misconduct towards the employee. If this happens to you, a penalty can be assessed against the employer to increase your benefits by one half. This covers the entire class of the injured worker’s benefits. Awards can be substantial.
- 132 (a) claims
If you have been discriminated against by your employer because you filed a Workers’ Compensation claim, you can receive additional benefits of up to one half of the benefits paid to you not to exceed $10,000.00.
- 3rd party actions
Often times injured workers are harmed by causes that have nothing to do with their employer. There can be products liability cases, negligence cases involving other business entities, automobile accident cases (such as clients being injured while they are on company time by a negligence third party driver).
An experienced Workers' Compensation Attorney can help you sort through these and other issues to make sure that you're getting everything you're entitled to.