Are You Entitled to Worker's Compensation?
You had an accident at work. It may or may not have been your fault. You can't work or you can't work the same job or the same hours. Workers' Compensation coverage is insurance benefits to pay for reasonable and necessary medical care if you get hurt or get sick because of an injury on the job. Workers' Compensation insurance will also pay you part of your salary if your doctor says you must be out of work for a certain period of time.
The most frequent questions we are asked are can I sue my employer? The basic answer would be "no", except where gross negligence against your employer can be proven.
Schiller, Kessler & Gomez, PLLC represent clients who have both a workers' compensation case as well as a claim against someone other than your employer - i.e., a "third party". A third party case is a claim against someone other than your employer whose negligence may be responsible for your injury or sickness. A third party case permits you to seek recovery not only against your employer's insurance carrier for the benefits described above but also against the independent third party whose negligence caused your injury. An example would be as follows:
A pool cleaner on route to a job is rear ended as he is carefully stopped for a red light in his truck. The negligent driver failed to yield for stopped traffic and is clearly at fault. The pool cleaner suffers injuries from this automobile accident requiring medical care and time off from work.
Under this factual scenario, the injured worker has two potential claims and two potential avenues of recovery: (1) Workers' compensation benefits from his employer, and (2) A liability claim against the third party/negligent driver for his pain and suffering.
If you are not sure of your rights or wish to discuss what benefits or claims you may be entitled to, please contact Schiller, Kessler & Gomez, PLLC. for a free consultation.