By Steven A. Edelman, Attorney
314-631-6777
- What is workers’ compensation?
Worker compensation is system under state law where injured workers have the right to recover limited statutory benefits from their employer, which are: 1. medical treatment, 2. wages while off work, and 3. typically a lump sum money settlement or award from a judge to compensate them for their work injury. Workers’ compensation is a no fault system, which means that regardless of whether the injury was caused by the injured workers’ own negligence or carelessness or whether the work injury was caused by the negligence of someone else, for example a co-worker or the employer, the injured worker can still recover benefits under workers compensation. Workers’ compensation is the exclusive remedy in most cases for injured workers to receive benefits. Therefore, an injured worker can not sue the employer in civil court for their work injuries. The injured workers’ exclusive remedy is through workers’ compensation.
- Why was workers’ compensation created?
The workers’ compensation system was created to help facilitate work injuries quickly by creating a state law that spelled out the benefits and responsibilities of the employer and employee. It was also created as a compromise between employers and workers in that it eliminated the need for workers to prove fault in causing the work injury and in return it prevented workers from suing employers in civil court. Employers did not want to be sued in civil court where they could be exposed to a jury awarding large sums of money to injured workers. Employee’s could ensure recovery of benefits without having to prove fault and employer’s were not exposed to large civil court judgments.
The majority of injuries are caused by the employee and not by the negligence of another person. Therefore, workers compensation gives these workers the ability to recover damages for their injuries where otherwise under civil law they would recover nothing.
- Who am I suing when I file a workers’ compensation case?
In a workers’ compensation case the injured worker is suing the employer. You are not suing your boss, foreman, co-workers, nor the owner of the company.
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney