American workers are protected with several key pieces of labor legislation that have been enacted over the years. Employment law and workers’ compensation are two of the most well-known. These two legal frameworks serve different purposes and are designed to protect employees in different ways. If you’ve been injured on the job, it’s important to understand which type of legal protection applies to your situation so you can seek the appropriate help.
What is Employment Law?
Employment law governs the relationship between employers and employees, covering a wide array of issues related to the workplace. It encompasses laws that protect workers’ rights, ensure fair treatment, and set the standards for wages, working conditions, and benefits.
Common Issues Addressed by Employment Law
Employment law is generally designed to protect the worker from manipulation or unfair working conditions and includes a range of protections for employees, such as:
Discrimination: Laws that prohibit unfair treatment based on race, gender, age, religion, disability, or other protected characteristics.
Harassment: Legal frameworks that address sexual harassment, workplace bullying, and other forms of mistreatment.
Wage and Hour Disputes: Laws that ensure employees are paid fairly for the work they perform, including overtime pay and minimum wage standards.
Wrongful Termination: Protections against being fired for illegal reasons, such as retaliation for reporting workplace safety violations or discrimination.
Family and Medical Leave: Protections under the Family and Medical Leave Act (FMLA) for workers who need time off for serious health conditions or to care for family members.
While employment law is broad and covers a wide variety of workplace issues, it is not typically concerned with workplace injuries. That is where workers’ compensation law comes into play.
What is Workers’ Compensation Law?
Workers’ compensation law is a legal framework that provides financial and medical benefits to employees who suffer injuries or illnesses as a result of their work. This system is designed to ensure that workers who are hurt on the job receive compensation for their injuries without having to go through a lengthy and costly lawsuit.
Common Issues Addressed by Workers’ Compensation Law
Workers’ compensation is designed to take care of the employee in case of an injury at their place of work. Workers’ compensation law covers several key issues related to work-related injuries, such as:
Medical Treatment: Compensation for medical bills, treatments, surgeries, and rehabilitation required due to a work injury.
Disability Benefits: Financial compensation for workers who are temporarily or permanently disabled as a result of a workplace injury.
Lost Wages: Reimbursement for wages lost during the recovery period, typically a percentage of your regular salary.
Wrongful Termination: Protections against being fired for illegal reasons, such as retaliation for reporting workplace safety violations or discrimination.
Death Benefits: Compensation for the families of workers who die as a result of a workplace accident or illness.
Rehabilitation and Retraining: Assistance for workers who are unable to return to their previous job due to permanent disability, including vocational retraining.
Workers’ compensation is designed to be a no-fault system, meaning that you do not need to prove that your employer was negligent in order to receive benefits. However, there are limits to what workers’ compensation covers, and in some cases, you may need legal help to ensure you’re receiving fair compensation for your injuries.
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Key Differences Between Employment Lawyers and Workers’ Compensation Lawyers
Although employment law and workers’ compensation law both deal with issues that arise in the workplace, they serve distinct purposes. Understanding these differences is essential when deciding which type of legal representation you need.
Scope of Practice
Employment Lawyers: Employment lawyers focus on a broad range of issues related to the employer-employee relationship, including discrimination, wrongful termination, wage disputes, and workplace harassment.
Workers’ Compensation Lawyers: Workers’ compensation lawyers specialize in cases where employees are injured or become ill due to their job. They help workers navigate the workers’ compensation system, ensuring they receive the medical treatment and financial benefits they are entitled to under the law.
Types of Cases Employment Lawyers Handle:
Legal claims when an employee believes they were fired for illegal reasons, such as retaliation or violation of their employment contract.
Cases involving unfair treatment based on race, gender, age, disability, religion, or other protected characteristics.
Claims related to sexual harassment, bullying, or creating a hostile work environment.
Disputes over unpaid wages, overtime, or improper deductions under federal or state wage laws.
Claims where an employee is punished for engaging in legally protected activities, such as whistleblowing or filing a complaint.
Cases where an employee is denied leave or retaliated against for taking protected family or medical leave.
Types of Cases Workers’ Compensation Lawyers Handle:
Claims for injuries sustained in accidents at work, such as falls, machinery accidents, electrocution, or vehicle collisions.
Cases involving injuries caused by repetitive motions, like carpal tunnel syndrome or tendonitis.
Claims for diseases caused by workplace exposures, such as respiratory conditions or hearing loss.
Legal help for workers with serious injuries, including fractures, amputations, traumatic brain injuries, or wrongful death.
Assistance with workers comp injury claims that are denied or disputed by the employer or insurance company.
Legal Protections
Employment Lawyers: Employment law offers protection against unfair treatment, wrongful termination, and other workplace injustices. However, it does not address the specific needs of workers who are injured on the job.
Workers Compensation Lawyers: Workers’ compensation law is designed to provide financial support for workers injured on the job, covering medical costs, lost wages, and rehabilitation services. It ensures that injured workers can receive compensation without having to prove fault or negligence.
Frequently Asked Questions
If you’ve been injured at work and are having trouble getting your workers’ compensation claim approved or are facing disputes over your benefits, it may be time to consult a workers’ compensation lawyer. Legal representation can help ensure your rights are protected and that you receive the compensation you’re entitled to.
No, an employment lawyer focuses on workplace issues like discrimination, wrongful termination, and wage disputes, while a workers’ compensation lawyer specializes in workplace injury claims and helping injured workers secure compensation.
Yes, each individual state sets their own requirements for important deadlines to file workers’ compensation claims. As a prerequisite, most states also set very short windows to alert your employer that you have been injured. For example, the state of Alabama only allows 5 days to verbally report the injury to your employer or 90 days to report it in writing.
Workers’ compensation covers a wide range of injuries, including falls, accidents, repetitive stress injuries, electrocutions, and occupational diseases caused by your job. If your injury is directly related to your work, you are likely eligible for workers’ compensation benefits.
Contact your insurance company immediately to file a claim under your UM or UIM coverage. If necessary, consult with a car accident attorney to help guide you through the process and ensure you receive the compensation you’re entitled to.
No, under workers’ compensation law, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you believe you’ve been retaliated against, contact a workers’ compensation lawyer to explore your options.
When To Hire A Workers’ Compensation Lawyer
If you’ve been injured while performing your job duties, hiring a workers’ compensation lawyer can be essential to ensuring that you receive the benefits you’re entitled to under the law.
Filing a Work Comp Injury Claim
Filing a workers’ compensation claim can be complex. A lawyer can help you understand the claims process and gather the necessary documentation to strengthen your case. They can also help you navigate any disputes with your employer or the insurance company over the extent of your injury or the compensation amount.
Free Consultations: Experienced Workers’ Compensation Lawyers
Wettermark Keith has been helping clients with their workers’ compensation claim denials for years. We know what it takes to ensure you get the compensation you deserve. Our experienced workers’ compensation lawyers will evaluate your case, explain the benefits you’re entitled to, and provide clear advice on the best next steps.
We know that dealing with a workplace injury can be daunting, especially when facing challenges from insurance companies or employers. Our attorneys are dedicated to protecting your rights and maximizing your compensation. Contact Wettermark Keith today for a free consultation to get the experienced legal representation you deserve—ensuring you receive the full benefits to which you’re entitled.
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started
