Workplace Injury Lawyer Wyoming
When Workers’ Comp Won’t Cover You, Turn To Our Wyoming Workplace Injury Lawyer
A workplace accident can happen to anyone at any time. Wyoming employers are required to keep the workplace safe for employees, including providing safety gear and reducing the presence of hazardous conditions. Even Wyoming construction, oil and gas, and farming employees should have a reasonable expectation of safety in the workplace. However, Wyoming is consistently ranked as one of the deadliest states to work in, and even the number of non-fatal per-capita workplace injuries is consistently high. If you have been injured at work or developed an occupational illness because of your workplace conditions, our Wyoming workplace injury lawyer can help you.
At Davis & Johnson Law Office, we offer advice and direction for people who were injured at work. Whether you need help filing or appealing a worker’s compensation claim or you want to know your options for taking legal action, we’re by your side. Call today for a free consultation.
Your Rights After A Workplace Injury Or Diagnosis Of An Occupational Disease
Not all employers in Wyoming are required to carry workers’ compensation insurance. Employers in extra-hazardous industries must obtain coverage through the Wyoming Department of Workforce Services. Employers in other industries may choose to obtain coverage, although all employers must register their status (with or without workers’ compensation insurance) with the Wyoming Department of Workforce Services.
Injured employees or those who developed an occupational illness, like mesothelioma or carpal tunnel syndrome, can file a claim through their employer-sponsored workers’ compensation insurance. This benefit is offered at no cost to you and covers all necessary medical care for your injury or illness, plus a partial wage replacement so you can pay your bills while you’re out of work. This should be a fairly straightforward process, although our attorneys can help if your employer denies your valid claim or you are having difficulties getting the benefits you’re entitled to.
If your employer does not have coverage, though, your legal options broaden, and we can explain them to you. For example, you may be able to file a suit for damages against your employer and any other party who contributed to your workplace accident.
Can I Sue After A Wyoming Workplace Injury?
Whether you can file a lawsuit depends on how your injury occurred and what your employer’s coverage status is. If your employer does not have workers’ comp, your only recourse for getting the money to cover your medical bills and other losses is a lawsuit. And, if a third party caused your workplace injury, then you also have the right to file a third-party lawsuit against them, regardless of your employer’s coverage status.
For example, perhaps your injury was caused by the negligence of a vendor or subcontractor on the job site. In that case, you could secure workers’ compensation benefits from your employer and file a suit against the third party for negligence.
Davis & Johnson Law Office represents injured workers like you, supporting your rights to high-quality medical care and other benefits through the state’s workers’ comp system and advocating for you in the courtroom as appropriate. Our Wyoming workplace injury lawyer can guide you through filing a workers’ comp claim, filing a lawsuit, or both. We stand by you at each step of the process. Call us today for a free consultation.
Differences Between Workers’ Compensation And Personal Injury Claims
Workers’ compensation claims and personal injury claims are both types of legal actions that seek compensation for injuries, but they are fundamentally different in terms of their scope, legal processes, and the types of compensation available. If you have been injured on the job, you want a seasoned Wyoming workplace injury lawyer to advocate for you and ensure you receive the benefits you deserve. Contact Davis & Johnson Law Office to learn more.
How The Injuries Occur
A key difference between workers’ compensation claims and personal injury claims lies in the parties involved and the context in which the injury occurs. Workers’ compensation claims are specifically designed for employees who are injured in the course of their employment. These claims are filed through a no-fault system, meaning that it does not matter who was responsible for the injury, whether the employee, employer, or someone else. The primary purpose of workers’ compensation is to provide a streamlined and quick process for employees to receive compensation for medical expenses, lost wages, and sometimes disability benefits without having to prove fault or negligence.
In contrast, personal injury claims are filed when an individual is injured due to the negligence or intentional actions of another party, which could be another person, a business, or a government entity. Unlike workers’ compensation claims, personal injury claims require proving that the other party was at fault for the injury. This means the injured party must show that the defendant acted negligently, recklessly, or intentionally caused harm. Personal injury claims cover a broader range of accidents, including car accidents, slip-and-fall incidents, medical malpractice, product defects, and more, often involving situations that occur outside of the workplace.
Available Compensation
Another significant difference between the two types of claims is the level of compensation available. Workers’ compensation benefits typically cover medical expenses, temporary or permanent disability, rehabilitation, and, in the case of death, death benefits for surviving family members. However, workers’ compensation does not compensate for pain and suffering, emotional distress, or punitive damages. The system is focused on providing quick relief for medical needs and lost income, but it does not consider the non-economic harm that might have been suffered as a result of the injury.
On the other hand, personal injury claims can result in a much broader scope of compensation. In addition to medical expenses and lost wages, personal injury victims may be entitled to compensation for pain and suffering, emotional distress, loss of consortium (the loss of companionship or support from a spouse), and punitive damages in some cases.
Punitive damages, designed to punish the at-fault party for particularly egregious behavior, are not available in workers’ compensation claims. The ability to claim non-economic damages is one of the major advantages of pursuing a personal injury claim rather than a workers’ compensation claim.
Legal Process
The legal process for filing and pursuing a claim is also different. Workers’ compensation claims are typically handled through administrative processes, which means they are often faster and involve less litigation. Employees injured at work generally submit a claim to the employer’s insurance provider, which handles the claim according to state-specific workers’ compensation laws. There is no need to prove fault, and the employee does not have to sue the employer directly, making the process more straightforward but limited in compensation. Unfortunately, even with a simplified process, many injured workers need a Wyoming workplace injury lawyer to represent them because their employer and insurance company deny their claim.
The process involves civil litigation in personal injury claims, which can be much more complex and time-consuming. The injured party must hire an attorney, file a lawsuit, engage in discovery, and, if the case does not settle, go to trial. Because fault must be established, personal injury claims often require gathering evidence, obtaining expert testimony, and presenting the case before a judge or jury. This process is more adversarial, and the potential for higher compensation (including punitive damages) means that personal injury cases tend to involve more negotiation and settlement discussions.
Have You Been Injured?
While both workers’ compensation claims and personal injury claims provide avenues for compensation after an injury, they differ in terms of who can file them, the process involved, the compensation available, and the need to prove fault. If you have been injured on the job, a Wyoming workplace injury lawyer can help ensure you get the benefits you are entitled to. Contact Davis & Johnson Law Office to schedule a free and confidential consultation to find out what legal options you may have. Our legal team will be your strongest advocate.