Below are answers to questions concerning accidents and injuries sustained on the job. Serious work-related injuries may result from construction site accidents, oil field accidents, industrial accidents, and others. Those injured on the job may file a workers' compensation claim to pursue reimbursement for lost wages, medical bills, pain and suffering.
Q: What is covered by workers' compensation?
A: Workers' compensation entitles an employee to weekly income benefits, if the injury renders the employee unable to work; compensation for medicine, hospital bills, doctor fees, and ambulance fees related to the injury; lifetime income benefits for qualifying, severe injuries; and death benefits for the qualifying victim’s family or dependents.
Q: If I already accepted workers' compensation, can I still sue my employer?
A: No; once an employee has filed and accepted workers' compensation, the employer cannot be held liable for any additional damages. Retaining the services of Provo workplace accident lawyer Lynn Harris immediately after an accident, and before filing for workers' compensation, can be extremely beneficial when it comes to ensuring that the claim is handled appropriately.
Q: What is a third party case?
A: Sometimes it becomes apparent that a work-related accident was either caused or exacerbated by a party other than the employer. For example, a crane accident in which the crane itself malfunctioned and injured a worker; the manufacturer, retailer, or designer of the faulty crane would be deemed a third party and may be held responsible under the law. An employee who has already accepted workers' compensation can still sue a third party for additional monetary damages.
Q: Is there a statute of limitations on workers' compensation cases?
A: Yes; under Utah law, an injured employee must notify their employer within 180 days of the incident by filing an injury report with the employer or the workers' compensation insurance provider. However, there are special considerations for victims with extenuating circumstances preventing them from being able to file within the time limit. A worker who does not realize she was exposed to hazardous chemicals until many years after leaving the job might still be able to file for workers' compensation. Due to the statute of limitations, it is essential that injury victims speak with Provo injury attorney Lynn Harris as soon as possible after their accident. Contact our practice today.