Many Alaskans suffer injuries while at work. These are referred to as “on-the-job” or “job site” injuries. Some of these injuries occur on construction sites, while others occur in office buildings. If the injured person is employed at the time of injury, the worker is entitled to recover workers’ compensation benefits from the employer or its workers’ compensation insurance company. An injured worker cannot sue his/her employer or co-worker for the injury even if they negligently caused the accident. The injured worker’s only ability to recover money damages, under such circumstances, is by filing a workers’ compensation claim with the Workers’ Compensation Board. The damages that an employee can recover under workers’ compensation are specifically limited.
If someone other than the employer or a fellow employee caused the on-the-job injury, the injured worker may have a personal injury claim against that “third party” as well as a workers compensation claim. By suing the “third party”, the injured worker may be able to recover the full amount of damages that he/she has suffered. Examples of third party actions are:
– A lawsuit against the manufacturer of a defective product, which causes an on-the-job injury. The injured employee can file for workers’ compensation benefits and sue the manufacturer of the defective product.
– A lawsuit against a motorist who negligently injures another who is on the job. The injured worker can pursue a third party claim against the motorist and pursue a workers compensation claim.
When a third party claim exists and the injured worker collects workers’ compensation benefits, the employer or its workers’ compensation insurer has a right to recover the money they paid to the injured worker from money the injured worker collects from the third party.
If you have suffered a job site injury as a result of the negligence of a third party, you may have a job site accident claim and you will need an experienced attorney to evaluate the facts of your case. Call Elliott T. Dennis, an Alaskan accident lawyer experienced in representing clients with job site injuries for a free evaluation of your case.
Workers’ Compensation Disability and Impairment Benefits provided by law in Alaska include:
Medical benefits
Medical benefits are a significant portion of the benefits available to injured workers through the workers’ compensation system. This benefit pays medical expenses necessary for the victim to receive treatment and return back to work.
Temporary total disability (TTD)
When an injured worker is totally unable to work and has an off work slip from his/her doctor, they are entitled to time lost benefits. These benefits are intended to replace lost wages, but they are expected to be temporary in nature.
Temporary partial disability (TPD)
When an injured worker is able to return to work, but on a limited basis at reduced wages, partial disability payments may be appropriate until a worker is medically stable.
Permanent total disability (PTD)
When a worker is permanently and totally disabled, he/she may be entitled to PTD benefits for the rest of their lives.
Permanent partial impairment (PPI)
Once an injured worker is medically stable, they are entitled to PPI benefits to compensate them for the permanent impairment they continue to experience.
Reemployment benefits
Under some circumstances, injured workers are entitled to reemployment benefits. These benefits are limited and are only available when the injured person meets strict criteria.
The workers’ compensation system has a defined set of benefits available to injured workers. What is not clearly defined are all of the ways employer’s insurance companies will deny benefits and force injured workers to pursue claims in order to receive benefits provided for under the law.