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Workers Compensation

 


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Under the law in most states, including Oklahoma, businesses are required to carry insurance to protect injured workers. Should an employee sustain injury while on the job, workers compensation covers medical care, lost wages and retraining when necessary. If a worker were killed on the job, immediate family members receive benefits.

Type of Injuries

Here are some possible injuries that are covered by Workers’ Compensation:

  • At-work injuries caused by company facilities, such as damaged floors or stairs, a chair in the company lunchroom
  • Other injuries caused during breaks, lunch hours, and work-sponsored activities
  • Back injury or some other preexisting conditions that is aggravated or accelerated because of the job
  • Diseases such as lung cancer contracted by exposure to toxins at work as a result of normal working conditions
  • Injuries resulting from mental and physical strain brought on by increased work duties or work-related stress.
  • In some states - disabling mental condition from excessive demands of the job and a harassing boss

    Workers’ compensation is ideally a substitute for a lawsuit against your employer. But there are many times when the worker's compensation is inadequate or is denied. If you feel you've been mistreated or have not received the benefits you're entitled to, you should seek an experienced worker's compensation attorney.

    When to File a Lawsuit

    Litigation may be necessary for the following scenarios:

  • You are told to return to work before you are physically able
  • You return to work to a newly created position that is eventually eliminated and you are laid-off
  • You are denied disability benefits despite a disabling or permanent injury
  • Your company refuses to pay for your lost wages
  • A third party contributed to your injury. An example of a third party is a manufacturer of a defective machine or product that caused your injury
  • Your claim is denied

    Under extreme circumstances you can file a personal injury suit against your employer for these rare scenarios:

  • The employer intentionally injures the employee
  • A state statute require the employer to carry workers’ compensation but fails to do so

    Workers compensation also protects employers and co-workers by limiting the amount an injured worker can receive from the company. The law can also prohibit employees from suing their co-workers.

    Some states exempt certain types of employees and companies with few employees from Workers’ Compensation coverage. Independent contractors, agricultural workers and domestics may not qualify for Workers’ Compensation benefits.

    Another option for injured workers is to file a civil claim against the employer or third party.

    Using an attorney who knows the ins and outs of the system can help ensure that you collect the benefits that are due. In Oklahoma or Arkansas, please contact the Workers’ Compensation specialists at Carr & Carr, Attorneys at Law . We'll fight to get you the compensation you and your loved ones deserve.

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