What Are the Grounds for Filing a Workers’ Compensation Claim?
The basis for seeking workers’ comp benefits is getting hurt on the job, whether in the form of bodily injuries or of illnesses that occur suddenly or gradually. From repetitive strain injuries or forklift accidents, to carbon monoxide poisoning or inhalation of toxic fumes, many things can affect a worker, making a workers’ compensation claim necessary.
Additionally, the affected worker need not be at the official worksite to qualify for the benefits. As long as they were on company time and engaged in activities that benefit the company, even if their accident occurred while commuting between sites or heading for a meeting, they can file a workers’ comp claim.
Fault plays no role in determining workers’ comp benefits. So, even if another worker’s negligence caused the accident that injured the employee, that is usually of no consequence. There is an exception if someone intentionally acted with malice to harm the employee, and/or the employer lacks workers’ compensation coverage. In this scenario, an employee can file a personal injury lawsuit against the offending coworkers or their employer.
However, it is important to understand that workers’ compensation is a Boise employer’s exclusive remedy. Therefore, as long as they have the coverage, an injured worker generally cannot sue them.
Factors That Determine Workers’ Compensation Benefits
An injured or ill employee’s workers’ comp benefits are largely determined by the following:
- Average statewide weekly wage
- Type of injury and disability
- Cost of medical treatment
- Rehabilitation and/or long-term care expenses
- Retraining cost – useful if the worker is unable to return to their previous role
- Impairment rating
- Disability rating
Depending on individual preferences, an injured worker may opt for installment/weekly benefit payments or a lump-sum settlement.
A skilled workers’ comp attorney in Boise can provide legal guidance that will help you decide on your best option. A lawyer may also help with negotiations, thus ensuring you get a substantial settlement.
