Workers' Compensation

         "Workers' compensation" refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which are contained in its statutes, and vary somewhat from state to state. In addition, there are special workers' compensation laws for employees of the federal government, and still others for workers in specific types of industries such as railroad employees.

         Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits.

         Workers' compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary rewards, without having to litigate their claims against their employers. In this way, workers' compensation is an important safety net for employees when they are injured on the job as a result of their job.

         Most workers' compensation laws also provide employers and co-workers with a certain level of protection, by limiting the amount employees can recover from their employers, and prohibiting, in most cases, injured employees from suing their co-workers. In essence, workers' compensation is a no-fault system, where an injured worker's own negligence, or the negligence of his or her employer or co-workers, is not put at issue;rather, the injured employee is simply covered for his or her work related injuries.

         Thus, workers' compensation is an injured worker's "exclusive remedy" with respect to a work-related injury, unless he or she can point to a third party who contributed to his or her injuries. For example, because workers are often injured by products or machinery they use at work, they may, and often do, seek compensation from the manufacturers of such products.

         If you are injured while driving a vehicle on your job, you may have a personal injury case as well as a workers' compensation claim. Only an experienced attorney can advise you correctly.

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Clifford Alexander, P.C. - Suite One, Building H - Roswell Professional Park - 11205 Alpharetta Highway - Roswell, GA 30076
Mailing Address: P.O. Box 245, Roswell, GA 30077
Telephone: (770) 475-0125 or (770) 475-4700 - Fax: (770) 475-0256