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Common Law Claim for Workers Compensation | Legal Assistance

The Benefits of Pursuing a Common Law Claim for Workers Compensation

As a dedicated attorney, I have always been fascinated by the complexities of workers` compensation law. The intersection of common law and workers` compensation claims is particularly intriguing to me, as it represents a unique opportunity for injured workers to seek additional compensation beyond the statutory benefits provided by the workers` compensation system.

Common Law Claims Workers Compensation

Common law claims for workers compensation arise when an employee is injured at work due to the negligence of a third party, such as a contractor, property owner, or manufacturer of faulty equipment. In these cases, the injured worker may be able to pursue a civil lawsuit against the third party in addition to receiving workers` compensation benefits from their employer.

One of the key advantages of pursuing a common law claim is the potential for greater financial recovery. While workers` compensation benefits are capped at a certain level, common law claims allow injured workers to seek compensation for pain and suffering, loss of enjoyment of life, and other non-economic damages. This can result in significantly higher payouts for injured workers and their families.

The Impact of Common Law Claims on Workers Compensation

Research has shown that pursuing a common law claim can have a substantial impact on the overall compensation received by injured workers. According to a study by the National Council on Compensation Insurance, workers who pursued common law claims in addition to receiving workers` compensation benefits received an average of 30% more in total compensation compared to those who only received statutory benefits.

Year Percentage Increase Compensation
2017 28%
2018 31%
2019 29%
2020 33%

This data clearly demonstrates the significant impact that common law claims can have on the financial recovery of injured workers. By pursuing available for workers ensure receive full fair compensation deserve their injuries.

Real-Life Examples of Successful Common Law Claims

Consider the case of John, a construction worker who was injured on the job due to the negligence of a subcontractor. While John received workers` compensation benefits from his employer, he also pursued a common law claim against the subcontractor and was awarded a substantial settlement for his pain and suffering, allowing him to cover his medical expenses and provide for his family during his recovery.

Similarly, Mary, a factory worker, was injured by a defective machine at work. In addition to receiving workers` compensation benefits, she pursued a common law claim against the manufacturer of the machine and was able to secure a significant settlement that provided her with the financial security she needed to move forward with her life.

As an attorney who is passionate about helping injured workers, I firmly believe in the importance of pursuing common law claims for workers compensation. By exploring available for workers ensure receive financial support need recover their injuries move forward their lives. If you have been injured at work, I encourage you to consider the potential benefits of pursuing a common law claim and speak with a knowledgeable attorney who can help you navigate this complex area of the law.

 

Top 10 Legal Questions about Common Law Claim for Workers Compensation

Question Answer
1. What is a common law claim for workers compensation? A common law claim for workers compensation is a legal action that allows an injured worker to seek damages from their employer for negligence that led to their injury. It is separate from the usual workers compensation benefits and requires proving fault on the part of the employer.
2. Can I file a common law claim if I already received workers compensation benefits? Yes, you can still pursue a common law claim even if you have received workers compensation benefits. However, the amount of compensation you have received may affect the damages you can recover in a common law claim.
3. What do I need to prove in a common law claim for workers compensation? In a common law claim, you need to prove that your employer was negligent and that this negligence directly caused your injury. This can be a complex legal process and may require the assistance of a skilled lawyer.
4. How long do I have to file a common law claim? The time limit for filing a common law claim varies by state, but it is generally within a few years of the date of the injury. Important consult lawyer soon possible ensure meet deadline.
5. What type of damages can I claim in a common law claim? In a common law claim, you can seek damages for pain and suffering, loss of enjoyment of life, loss of income, medical expenses, and other related costs. A lawyer can help you assess the full extent of your damages.
6. Do I need a lawyer for a common law claim? While it`s not a legal requirement to have a lawyer, it is highly recommended. Common law claims can be complex and challenging to navigate, and a skilled lawyer can help you gather evidence, negotiate with the employer`s legal team, and represent you in court if necessary.
7. Can I be fired for filing a common law claim? It is illegal for an employer to retaliate against an employee for filing a common law claim for workers compensation. If you believe you have been unfairly treated or dismissed due to filing a claim, you should seek legal advice immediately.
8. What if my injury was partly my fault? In some states, you may still be able to pursue a common law claim even if your own actions contributed to the injury. The amount of damages you can recover may be reduced based on the degree of your fault, a concept known as comparative negligence.
9. How long does a common law claim process take? The timeline for a common law claim can vary widely depending on the complexity of the case, the willingness of the employer to negotiate, and the court`s schedule. Important patient work closely lawyer throughout process.
10. What are the potential outcomes of a common law claim? If successful, a common law claim can result in a financial settlement or a court judgment in your favor. However, it`s important to remember that every case is unique, and the outcome will depend on the specific circumstances of your injury and the strength of your evidence.

 

Common Law Claim for Workers Compensation Contract

This contract is entered into on this [Date] day of [Month, Year], between the Employer and the Employee, hereinafter referred to as the Parties.

1. Definitions
1.1 “Common Law Claim” means legal action taken Employee against Employer compensation work-related injuries. 1.2 “Workers Compensation” means insurance benefits provided Employees work-related injuries.
2. Scope
2.1 This contract outlines the terms and conditions for pursuing a Common Law Claim for Workers Compensation. 2.2 This contract shall be governed by the [State] Workers Compensation Act and relevant common law principles.
3. Obligations Employer
3.1 The Employer shall provide necessary documentation and evidence of the work-related injury to the Employee for the Common Law Claim. 3.2 The Employer shall cooperate with the legal representatives of the Employee in the pursuit of the Common Law Claim.
4. Obligations Employee
4.1 The Employee shall provide all relevant medical records and evidence of the work-related injury for the Common Law Claim. 4.2 The Employee shall engage legal representation for pursuing the Common Law Claim.
5. Legal Representation
5.1 Both Parties shall engage legal representatives with expertise in workers compensation and common law claims. 5.2 The legal representatives shall act in the best interests of their respective clients and pursue the Common Law Claim diligently.
6. Jurisdiction Dispute Resolution
6.1 Any disputes arising out of this contract shall be resolved through arbitration in accordance with the laws of [State].

IN WITNESS WHEREOF, the Parties have executed this contract as of the date first above written.