Work Place Injuries: Should you sue?
All about work place injuries, filing a worker’s compensation case, and more

Your case would be a worker’s compensation case if you have been injured on the job. In many states, employers must provide workers' compensation benefits to their employees under certain state sections and codes. There are five basic types of workers' compensation benefits: temporary disability benefits, vocational rehabilitation services, medical care, permanent disability benefits, and death benefits.
It is important to keep in mind that Worker's compensation law is not based upon negligence; rather, it is based upon the employment relationship. Workman's Compensation Statutes provide compensation for people injured at work. Simply put, this means if you are employed by a company and you are injured, whether it is your fault, the company's fault, a co-employee's fault, or anybody else's fault, while you are employed, you are compensated under the worker's compensation coverage and worker's compensation rules. Mental anguish and emotional distress are not covered by worker’s compensation law.
Worker's compensation is based on a complicated formula that encompasses many different factors. However, workers' compensation premium calculation is generally based upon how employees are classified according to their specific work duties and the rate assigned to each corresponding employee classification. Usually, the compensation under worker's compensation would be less than in a personal injury case because it is not based on fault. Every employer is required to have worker's compensation insurance. If an employee is injured on the job, there is a high degree of probability that he will be able to collect damages under worker's compensation.
On the Job Injuries and Negligence
If the person is injured on the job, it does not necessarily preclude the injured employee from collecting based on negligence. If the person, for example, was a truck driver and another car or truck or bus rear-ended them or caused the truck to get involved in an accident, and it was the third party's fault, the injured employee would have two lawsuits. These two lawsuits are comprised of one for worker's compensation and one for liability against the third party.
Industrial Accidents
In some situations injuries result in the workplace from working conditions that are unsafe. While the Workman's Compensation Statutes provide a remedy and compensation for people injured at work, certain working conditions are hazardous. Employers have an obligation to correct the problem when they become aware of it. They can be held responsible for the injuries, and in some cases death, that result if they fail to do so. Defective machines in the workplace can also result in injury and/or death. If the employers in these situations are aware of the defective or unreasonably dangerous condition, they may share in the responsibility for harm resulting from exposure to the danger along with the manufacturers that created the unsafe equipment.