Workers’ compensation insurance is a system which allows company employees to receive benefits for a job-related injury regardless of fault. Workers’ comp. programs can provide medical benefits and sometimes temporary compensation until the employee is able to return to work. This all sounds fantastic, but what happens if you get hurt and your employer doesn’t have workers’ comp insurance?
First and Foremost
Even if your employer doesn’t have workers’ comp, the first thing you need to do is go to the doctor or hospital anyway. In doing so not only do you get fixed up hopefully back to health, but you also get the documentation needed for any legal action taken. By partnering your case with Mike Lewis Attorneys their offices in Winston-Salem and Greensboro, North Carolina, make your step by step process in providing the proper legal paperwork much easier.
If you are injured in a way that isn’t self afflicted while working, and there is no workers’ comp available, there is a chance that a government fund for injured workers might be available for you. The best way to see if this option is available to you is to check with the Labor Department for your state.
Pros of Suing in Court
Most states allow employees in this particular situation to sue their employers in court, and there are a few benefits to doing so. One of those benefits is the opportunity to seek the total loss without being subject to a ceiling cap stated by the workers’ comp insurance. This route also gives the option of suing for psychological damages involved in the accident, or “pain and suffering,” as it is called in legal terms. Receipt of punitive damages is also a possibility if carelessness from your employer resulted in your injury.
Cons of Suing in Court
There are also some downsides to suing in court, one of which is the time that it takes to receive assistance through the court is much longer than workers’ comp. Whereas workers’ comp could take a few weeks, it could be months or in some cases years before you receive any money through a lawsuit.
It’s obvious that the full amount of money attained from a lawsuit is preferred over partial compensation, but some is surely better than none. The legal fees will quickly stack up as well if you find that your money won’t make it to you in any timely manner—and since you are already not at work, money might not be flowing regularly.
If you are unfortunately hurt on the job, it is vital you find the proper assistance needed for your health and your livelihood. Unless you also happen to be a lawyer when you get hurt on the job, the legal business is tough and should be left up to professionals so that you can focus on a speedy recovery. Mike Lewis Attorneys have offices in Winston-Salem, NC as well as in Greensboro, NC, and are exactly the professionals you need in this sort of situation.