Question: The injury that occurred was my employer's fault. Can I sue my employer for my pain and suffering?
Answer: Generally,
Question: I believe that my injury resulted from a violation of my civil rights. Can I sue my employer in this situation?
Answer: Perhaps you can. In the workers' compensation law, there are exceptions to the general rule that prevent an individual from seeking non-economic damages from an employer. One exception is a civil rights violation; another is an injury that directly results from an intentional act by the employer. If you feel that one of these exceptions applies to you, talk with a
Question: I was injured while on my way into work. Am I eligible for workers’ compensation benefits?
Answer: Workers’ compensation usually does not apply to one who is traveling to and from the place of employment. However, once a worker is on the employer's property, workers’ compensation insurance may cover an injury.
It is important to note that employees who must travel to perform work assignments are covered by workers’ compensation benefits if they are hurt on the job. For example, a person who is injured after leaving the worksite to make a delivery or attend a meeting at another location may qualify for workers' compensation, because the trip was an essential part of his or her job assignment.
On the other hand, workers' compensation may not cover an injury, if the employee was hurt while making a side-trip to handle purely personal business. If you have questions about coverage in this situation, talk with a
Question: My co-worker and I were goofing around when I was injured. Am I still entitled to make a claim for workers’ compensation benefits?
Answer:
Question: My employer offered me a different type of job, but I feel that it is beneath my previous pre-injury position. Do I have to accept the position?
Answer:
A worker seriously risks any claim for continued workers’ compensation benefits by turning down the offer of a job that he or she is able to do. If you are not sure how to handle a job offer or your employer demands that you actively look for other work, consult an attorney immediately.
Question: What happens if I try to return to work in a job that is supposed to be within my medical restrictions, but cannot perform the job duties?
Answer: Under the law, it should be possible for you to resume receiving benefits. However, your employer may challenge whether you made a real effort to return to work. If this happens, and you truly are unable to work, you should talk with a
Question: Can I choose my own doctor when I am getting treatment for my work-related injury?
Answer: For the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other medical care providers, as long as you select qualified medical professionals and notify your employer of your intentions.
If you or a loved one has suffered a workplace injury, it is important to talk with a
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