Our Team of Attorneys is Happy to Offer Free Consultations About Your Work Injury Claim: 435-673-9990.
Have you been injured at work in Southern Utah? Workmen’s Compensation is the system by which injured workers are paid after suffering an injury in the workplace. When you are hurt by someone else, you have the right to be fairly compensated by that person if the injury was their fault. The work comp system is different. It has good qualities and bad qualities. The good part is that you do not have to prove fault. You have a right to be compensated regardless of whose fault the injury was so long as it took place while you were on the job. The drawback is that worker’s compensation is an exclusive remedy in Utah. That means that you are precluded from being able to file a normal lawsuit against your employer for your injury. You must go through the work comp system in order to recover. So, while the workers’ compensation program makes it easier for a larger number of employees to receive compensation, it also likely reduces the average amount of compensation that they may be entitled to.
Injured workers may be entitled to less under this program because the amounts of recovery are all statutorily defined. It’s really just math. There are essentially five different amounts an injured worker may seek to recover. They are all triggered by different sets of facts. The amount that each claim is worth varies widely, and those amounts are determined, for the most part, by simply dropping numbers into the provided statutory equation.
Overall, the program is probably a good thing for workers. Although some seriously injured employees may not recover as high of an amount as they would with a traditional lawsuit, the work comp system provides benefits in many ways. For one, the system provides peace of mind, both to employees and employers. Because the amounts of damages are easier to calculate, large companies become easier to insure. Risk can be more adequately measured. Perhaps more importantly, the working man or woman gains peace of mind because they can work hard knowing that funds will be available to take care of them even if their own negligence contributed to the injury. Suppose there was an employee whose job it was to install a hand-rail on a large staircase. Perhaps he forgot to place a final screw in the correct spot, he leaned on the hand-rail, and fell to the floor below. Without work-comp, there is a possibility that he will bear the entire brunt of his injuries. After all, he made the mistake. Under Workers’ compensation law, the labor commission in the State of Utah is not interested in who is at fault. Instead, they are interested as to whether the employee got hurt while attempting to do his job. Because he was, his company will now be required to help with his medical bills, and possibly pay for the time he is forced to miss work.
There are many great companies located in Cedar City, Mesquite Nevada, and St. George Utah. Those companies need employees. Most of those companies carry workers’ compensation insurance. Their insurance companies are the ones who will handle your claim. With few exceptions, employers are required to carry workers’ compensation insurance. If your claim is denied, or low-balled by the insurance adjuster, you may require the services of a St. George Utah Workers Compensation Lawyer.
Don’t Leave Your claim in the Hand of Your Employer’s Insurance Adjuster.
Always feel free take us up on our offer of Free Consultations if you have any questions at all. We are St. George Utah Workers Compensation Attorneys.