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Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

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Old 04-01-2008, 11:42 AM
kevans73 kevans73 is offline
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Question Is There Any Monetary Compensation Due To Me?
Question, since the accident that my fiance was involved in was a result of his co workers negligence, and because he was not injured by a malfunctioning machinery in the factory, is it true that the only workers compensation that he can receive is for the company to pay for his medical expenses? What about lost wages, mental and emotional anguish, and things like that? If this is the case how do employees get big huge settlements when they are hurt on the job? Is it because they were hurt by a third party or by a malfunctioning piece of equipment or machinery? Basically for the rest of his life he will be in suffering. Isnt there any monetary compensation that he will ever be able to get or just medical expenses paid? His leg will never get any better only worse so can he possibly get money since it has worsened in five years time? This took place in Maryland
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Old 04-03-2008, 07:32 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Is There Any Monetary Compensation Due To Me?
Is compensation due to you from the employer or W/C insurance because your fiancé suffered an injury at work? The short answer is "no". You can read about third party claims here, although even in the context of third party claims I would be generally skeptical of your ability to make a valid claim.
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Old 04-03-2008, 08:41 AM
4eyedbuzzard 4eyedbuzzard is offline
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Default Re: Is There Any Monetary Compensation Due To Me?
Quoting kevans73
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Question, since the accident that my fiance was involved in was a result of his co workers negligence, and because he was not injured by a malfunctioning machinery in the factory, is it true that the only workers compensation that he can receive is for the company to pay for his medical expenses?
Please describe the injury, and the event that caused it.

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What about lost wages, mental and emotional anguish, and things like that?
WC never pays for pain and suffering, mental and emotional anguish, etc. WC benefits offer replacement of wages to some extent, medical treatment, and vocational rehabilitation. All are determined by state laws.

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If this is the case how do employees get big huge settlements when they are hurt on the job?
Most don't. WC benefits are virtually never huge, and usually are weekly wage benefits until the person returns to work. You may see some lump sum settlements as large as in the $500K range in a few states with very good employee protection statutes, but those cases are very rare and the injuries usually catasrophic.

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Is it because they were hurt by a third party or by a malfunctioning piece of equipment or machinery?
That would be the only way - under either a third party personal injury(PI) suit against a machinery manufacturer, outside contractor, etc, or if the employer was found to have acted maliciously, with intent to injure, with gross negligence, etc and was then subject to a PI suit from the employee.
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Basically for the rest of his life he will be in suffering. Isnt there any monetary compensation that he will ever be able to get or just medical expenses paid? His leg will never get any better only worse so can he possibly get money since it has worsened in five years time? This took place in Maryland
You'd have to ask a Maryland WC attorney these questions. While generally WC pays medical benefits related to the initial injury, often this benefit must be argued for in court/hearing, and wage indemnity benefits are usually finite in duration. There are statute of limitaions(time limits) that apply on both WC and PI claims.
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