Workplace Injury Information in Tacoma Washington

Federal law requires all states to have some worker’s compensation insurance program that applies specifically when individuals are injured while on the job. Washington is one of the few states that has chosen to keep the state program within the control of the government instead of totally privatizing protection for employees working within the state borders. However, the rules that require employers to participate in the program differ from many other states as well, with certain employers being allowed an exemption if they can prove independent coverage is in place or choose to self-insure their workers.

Exemptions

Most of the companies that do not participate in the state program are the major employers of the state, and as many as one-third of the individuals working in the state work for one of these major corporations. Also, there are also exemptions for certain types of employers based on the makeup of their workforce and the nature of the operation. Self-employed individuals are not required to participate in the program, and individual management personnel is exempt as well in certain situations. Private contractor relationships are also technically self-employment situations for the most part.

Filing a Claim

Depending on the insurance status of an employer, employees will either file a claim with the state compensation board through their employer or submit the injury claim directly to those employers that are self-insured. Some claims can be simple procedures when the injury occurs due to a specific work incident and is not contested by the employer. This may not be so simple when employers are self-insured, or their insurance provider acts in bad faith. Injuries that manifest over a long period and are contested by the employer can also be frustrating experiences when attempting to recover damages.

Potential Lawsuits

Injured workers who accept the state workers compensation benefits are normally disqualified from suing an employer for non-economic pain-and-suffering. However, this is not an absolute restriction, as the injured employee can sue for full damages when the injury is the result of an intentional, reckless, or illegal action on the part of the employer or another employee. These cases are often complicated and strongly defended, and will always require the expertise of a personal injury attorney in Tacoma WA who understands what to expect regarding defensive claims and knows how to craft a case for maximum benefits to the injured worker client.

Cerebral Palsy Lawsuit is Awarded with a Record $55 Million Settlement

When medical professionals are negligent in any way in the delivery room, that negligence can result in devastating congenital disabilities that can cause a lifetime of disability. When a child is deprived of oxygen during birth, cerebral palsy can result. Passaic County residents struggling with a child’s preventable birth injuries may be interested in the recent story of a Philadelphia-area hospital, which recently was ordered to pay $55 million to the estate of a 4-year-old boy with cerebral palsy they believe was caused by hospital negligence.

The couple claims that doctors and hospital staff ignored warning signs that their son was not receiving enough oxygen during his birth in 2009. In a civil trial that lasted for two weeks, the couple and their attorney argued that the birth was handled negligently. The birth was complicated, with the infant becoming stuck in the birth canal. His oxygen deprivation was reported to have directly caused his severe developmental delays.