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sometimes will be contacted by a person
who says that they were injured at work
or while working maybe even in a car
crash while working when you’re injured
on the job
there are a complete different set of
unique laws that apply to that event and
really it goes back more than 100 years
and there’s a trade-off that’s been
created between employers and employees
that employees probably don’t even know
anything about but if you go back say
150 years ago there were there were no
workers compensation benefits if you got
hurt on the job and your employer was
negligent you sued your employer you can
imagine what that looks like with a
workplace relationship right where the
employees in the midst of a lawsuit so
at some point there was a a reform that
is not really great for the employee it
was more employer driven but that
exchanges this if you are injured on the
job and if your employer purchased
Workers Compensation Insurance by
purchasing that Workers Compensation
Insurance the state grants immunity to
your employer against any other claims
you might be able to bring against the
employer other than your workers
compensation claim unless the employer
acted intentionally or with a great
willful disregard for your safety
essentially a very very high standard so
for the most part if you’re injured on
the job as it relates to the claims you
can make against your own employer or
workplace you’re limited to whatever the
workers compensation system in your
state
provides for you it’s grants immunity to
the employer and you’re stuck with the
benefits in the system now there are
some favorable Parts about it first of
all that system will pay all of your
medical expenses there’s a downside
there and that the employer gets to in
the first instance choose where you’re
going to go get your medical treatment
which seems kind of weird but that does
happen this system will pay for you if
you’re off of work it’ll pay for you if
you miss part days or full days from
work and it doesn’t pay a hundred
percent it tries to equal your post tax
net income up to a certain dollar limit
and then there’s some award that you can
receive from the system for any
permanent impairment that you have but
you get no compensation for pain or
suffering or inconvenience or for the
trauma or turmoil that you’ve been
through none of that in the workers
compensation system extremely important
though that you talk with a lawyer who’s
well versed in workers compensate Nation
because there’s a lot of little Avenues
and for instance if you just injure one
leg that’s a much lower value if it’s
injured permanently than if it’s your
leg and your low back that so there’s a
combination of things that those who
deal with workers compensation cases uh
can and do know about the system to
maximize the recovery and to make sure
in some cases there’s also penalties if
you are are
drinking or doing drugs there’s a
limited amount it’s fifty percent of the
benefits so there’s a lot there’s just a
there’s a lot of
legal issues that arise
but it’s within that workers
compensation system that you have to
tackle now there is an important
distinction if you’re in a car crash and
you’re on the job but the car crash is
caused by somebody else or you’re on a
work site and you’re injured but it’s
not caused by your co-employee it’s
caused by let’s say another
subcontractor’s employee then you may
have a workers compensation case you
will have one if you’re injured on the
job but you also may have what’s called
a third party case you still then can
have a case against the other driver or
the other contractor you just can’t
bring any other claims against your own
employer outside of the workers
compensation system so you can see it’s
pretty complex it’s important each state
has their own workers compensation
statutes you don’t get to go to court
you go to an administrative law process
it’s a very unique statutorily or
legally created system to handle
injuries that occur on the job and it’s
very important that you represent
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Denver, CO personal injury attorney Kyle Bachus explains how workers’ compensation works when there is a work injury.