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Every state has workers' compensation laws to compensate people who are injured on the job. In general, any time you have been injured while working for an employer, whether at your place of work or while doing business away from your normal job site, workers' compensation will cover your medical bills and lost wages. But the law also says that in work-related accidents, a workers' compensation claim is the only claim you are allowed to file against your employer.
In other words, if you are injured at work, you cannot file a liability claim against your employer, even though a customer or visitor injured in the same way could file such a claim. However, if anyone other than your employer or co-worker was even partly responsible for the accident, you are free to file your own liability insurance claim against that person or business.
In the regular liability claim, you can collect damages beyond the mere payment of medical bills and lost wages. And if for any reason your accident is not covered by workers' compensations insurance, because you are an independent contractor, for example, or because your Employer has no workers' compensation coverage, you are free to file a claim against your employer, just as you would against anyone else responsible for your injuries.
'If you file both a workers' compensation claim and a private liability insurance claim for the same accident, the workers' compensation system automatically has a lien against any compensation you recover from the liable person or business, known as the third party. A lien means that if you recover any damages from third party, you have a legal obligation to repay, to workers' compensation, any money it paid you for medical bills or lost wages. Notice of this lien is usually included in any papers you receive from workers' compensation, but the law says the lien exists, whether or not you received any such notice.
If you would like to talk with a representative about a workers' compensation claim, as well as what your claim could be worth, please fill in the form below, or dial (208) 375-9392, toll-free 1-800-INJURED.
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