If you have been hurt at work, you have the right to be compensated for your medical expenses and lost wages. Worker's compensation insurance is available to every employee. You will receive compensation for any medical expenses as well as a portion of your lost wages. You may also have the option of a third party claim against your employer directly. Understanding each option helps you determine the best course of action.

Worker's Compensation

Worker's compensation pays benefits to anyone who is injured while working for the employer. It does not matter if you are at the official office or working somewhere off-site. As long as you were not under the influence of drugs or alcohol when the accident occurred, you will receive compensation. Worker's compensation pays for all approved medical expenses, and a percentage of your lost wages depending on what state you live in. You will not receive any pain and suffering compensation.

Third Party Claim

If you can prove that the gross negligence of your employer caused your injury, you can sue them. An attorney will be necessary to file the paperwork and determine how much compensation you should receive. You can receive compensation for your medical expenses, all of your lost wages, and money for your pain and suffering.

The important thing to note is that the negligence on your employer's part must not only be proven, but must be gross negligence. A simple mistake is not going to work. If you cannot prove gross negligence, you must file for worker's compensation. If you do file a third party claim, be prepared to wait for up to a few years to receive a settlement. In the meantime, file for worker's compensation to have your bills paid and keep income flowing into your household. Once the claim is settled, you will have to repay worker's compensation though. You can only collect on the injury from one source.

Any time you are injured while working, it is important to file a report with your employer. You should also file a worker's compensation claim. Talk to a lawyer like one from Mooney and Associates LLC with experience in work-related injuries. He or she can tell you if you should attempt a third party claim or not. Your lawyer can also help you with the worker's compensation process so you do receive everything you are entitled to. It is best to have legal help and never leave anything up to the insurance companies.