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What is Workers' Compensation
Workers' compensation laws are designed to provide money and medical benefits to an employee who has been injured as the result of an accident, injury or occupational disease on-the-job. Workers' compensation is also designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit both the employee and employer. The employee receives money and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.
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Know Your Rights As An Injured Worker!
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In Texas and other states, most employers are required to carry workers' compensation insurance. This is called a "no fault" system. State laws may also protect employers from lawsuits even if it was their fault you had an on-the-job accident. Many work injury victims suffer from the fact that their workers' compensation claims:
- Are often disputed, denied and delayed by employers and insurers
- May result in payment of medical costs and a portion of lost wages, but do not provide any compensation for pain and suffering.
There are many cases of workplace injury where you may be able to file a lawsuit against someone other than the employer , such as:
- The manufacturer of malfunctioning or defective equipment
- A contractor or other responsible party whose negligence causes injury in a construction site accident, work injury, or aciident on the job.
- Architects, consulting engineers or safety consultants