What if You Are too Injured to Return to your job?
Written by AskTheLawyers.com™ on behalf of Sarah E. Stottlemyer with Stottlemyer & Associates, LLC.
Written by AskTheLawyers.com™ on behalf of Sarah E. Stottlemyer, an Employment and Labor Law attorney based in Georgia.
Workers who are too injured to return to their job have several options available to them; these options may vary depending on how and where the injury occurred. For example, if the injury occurred at work, workers’ compensation benefits may help cover part of the injured person’s expenses. If the injury either at work or elsewhere as the result of another party’s negligence or intentional conduct, a personal injury claim may provide a viable means for caring for the needs of an injured worker and their family. If you or a loved one have suffered an injury that prevents you from returning to your job temporarily or permanently, reach out to a workplace injury attorney to discuss your options.
Workers’ compensation is a form of injury insurance carried by most employers.
In most states, employers are required to purchase workers’ compensation insurance, commonly referred to as workers’ comp. This insurance is designed to provide injured workers immediate financial aid in the event that they are injured at work. Workers’ comp benefits generally cover short-term medical costs as well as lost wages for a limited recovery time.
This insurance also protects employers; in most cases, a worker cannot sue their employer for damages if they are already receiving workers’ comp benefits. However, this rule does not apply if the workers’ injury occurred due to negligence on the employer’s part.
If you are injured due to another party’s negligence at work or elsewhere, you may be eligible to file a personal injury claim.
Damages that can be sought in a personal injury claim have much more range than those temporary damages which may be covered in workers’ comp. If your injury is severe enough to prevent you from returning to your chosen profession, this might be a viable avenue for you to pursue compensation to help care for the financial needs of you and your family. Damages that can be sought in a personal injury claim may include past and future medical bills, lost wages, pain and suffering, and even damages to compensate an impairment of the plaintiff’s earning capacity or inability to continue to work in their chosen profession.
If you are too injured to return to work, impaired earning capacity and loss of profession may be relevant damages to your case.
The ability to earn a living is a basic human need; it affects both individuals and the families who rely on the earner’s income. When someone suffers an injury that prevents them from earning the same income as they did before, or forces them to leave their job entirely, it’s important to talk to a workplace injury attorney about your options. These attorneys understand the stress that occurs when someone finds themselves too injured to return to work, and they may have access to helpful support resources. Additionally, these attorneys offer free consultations and generally work on a contingency fee basis, which means the injured person will not have to pay for their legal services unless they win the case.
To learn more about your options if you are too injured to return to work, or for help filing a claim, reach out to a workplace injury attorney.