If you suffer a work-related injury or illness, you might be entitled to workers’ compensation benefits. However, the benefits you receive might not be enough and you might have to file a personal injury lawsuit against your employer.
Workers’ compensation sometimes is not a straightforward process especially if you are not familiar with Massachusett’s legal processes. You should consult a New Bedford workers’ compensation lawyer so that they can give you answers based on your situation.
Should You File a Personal Injury Lawsuit If You Accept Workers Compensation?
Once you accept workers’ compensation benefits, you automatically forfeit your right to file a lawsuit against your employer. This is because the system was set up in such a way that it protects both the employer and the employee from financial losses in the event of a work-related injury or illness.
The biggest disadvantage of filing a personal injury lawsuit is the fact that it could take years to resolve the case. During this period, you will not be able to work or receive any kind of financial assistance. Additionally, you will have to prove whether your injuries were work-related and negotiate how much you deserve. The insurer might lowball you and if you don’t have a workers’ compensation lawyer in New Bedford, MA, you could end up getting less than you deserve.
Can I Get Workers Compensation If I Work From Home?
On the other hand, the workers’ compensation system is set up in such a way that you don’t have to prove you were not at fault for your injuries. In most cases, you can file a workers’ compensation claim on your own.
However, there are special circumstances where filing a personal injury claim may be necessary even if you’ve accepted workers’ compensation benefits. For instance, if a third party was involved in the accident and you believe they are responsible for your injuries, you can file a lawsuit against them. It’s important that you get a New Bedford workers’ compensation lawyer to review your case before pursuing litigation.
If you are awarded compensation in a lawsuit, the workers’ compensation insurance company might attempt to recover some of the benefits they paid you. Keep in mind that your workers’ compensation benefits covered your medical bills as well as your lost wages and the insurance company may want some of that money back if you win your lawsuit.
Workers’ Compensation Doesn’t Cover Everything
While workers’ compensation does cover medical bills, lost wages, and vocational training and rehabilitation, it does not cover pain and suffering. Your injuries may be detrimental to your mental health and they may also affect your loved ones. For instance, a spinal cord injury might affect your relationship with your spouse and lead to loss of consortium.
Can You Work A Second Job While on Workers’ Compensation?
If You Can’t File a Personal Injury Lawsuit, What Next?
The workers’ compensation system mostly favors employees who suffer permanent disability and supports those that want to go back to work after a serious injury. Unfortunately, many employees find that the benefits they receive might not be enough to cover their bills and their cost of living. You should consider having a financial plan in place in case of such financial challenges. It’s important that you consider the below alternatives:
Annuities
This is a form of insurance that entitles you to a fixed sum of money every year for the rest of your life.
Long Term Disability Benefits
This is an insurance policy meant to replace your income if you are disabled on unable to work due to work-related injuries.
Life Insurance
This is an insurance policy that pays out a sum of money to mentioned beneficiaries in the event that you die of your injuries.
Should You Hire a New Bedford Workers’ Compensation Lawyer?
The short answer is Yes. As mentioned earlier, workers’ compensation cases can get complicated really fast and you may get awarded a settlement that is way below your needs. If you feel you are entitled to more than what you’ve been offered, you should hire a workers’ compensation lawyer in New Bedford. The same case applies if your claim has been denied.
At Kevin P Landry Law Offices, we offer free initial consultations and we are available 24/7. Contact us today at 508-999-0800 to schedule your free initial consultation.
