Are You Entitled to Workers Compensation? A Few Things from an Accidents Attorney

If you have been the victim of a work related accident, chances are you are entitled to workers compensation. However, people who are affected by work injuries can run into all sorts of problems, if they don’t realize the injury is bad and they don’t act upon it right away.

As any accidents lawyer will tell you, many US states have a very short period of time in which you must report an accident in order to be covered under workers compensation. This is precisely the reason you really should act as soon as you can and report any incident, even if your injuries are not severe. A thorough report of the incident could cause your employer to implement new safety measures that will prevent an injury from happening to you or someone else in the future.

When can an employee get workers’ compensation?

With worker’s compensation laws in place, the employee won’t have to make proof of the fact that their employer’s negligence has caused the respective injury. In some instances, an employee can get compensated even when the negligence of their employer has caused the accident. There are however situations when the employee’s injuries won’t be covered. One example, if an employee is intoxicated or using illegal drugs at the time of the incident, that employee’s injuries won’t be covered. Because of that, some employers have a policy of requiring employees involved in work place accidents to submit to drug tests.

Who is responsible for health and safety at work?

Your employer has to complete a risk assessment and engage upon actively protecting the health and safety of employees.  One of these actions includes deciding what kind of first aid equipment and facilities should be provided. Also, first aiders should be on call, in case of emergencies.

How are accidents recorded?

Any injury at work, minor injuries included, should be recorded in your employer’s special workplace incident ledger, as, according to legal regulations, all employers (with the exception of small companies, must keep such a record. This provides a useful record of what happened and can be used in case you need extra medical attention and time off work or you need proof in a workers’ compensation trial. But recording accidents also helps your employer to see what’s going wrong and take action to stop accidents in future.

The most important thing you can do, as an employee who has been affected by a workplace incident is to start looking for a very good local accidents attorney who can help you get the best workers’ compensation available. And remember: your employer has a duty to protect you and tell you about health and safety issues at the workplace! They are also under legal obligation to report incidents, pay your sick leave compensation and allow you time off because of an accident at work.

How to Win a Workers’ Compensation Case in Six Steps

The concept of workers’ compensation is straightforward: If you got injured on the job, you are entitled to workers’ compensation, which is supposed to cover medical bills, damages in case of permanent disability and loss of salaries or wages. However, given the complex way the legal system works, it is not always easy to win a workers’ compensation case. Even when there is strong evidence in your favor, there is always a risk you may not get your claim. Here are some things you should do in order to boost your chances of winning a workers’ compensation case.

1. Get medical treatment without delay.

Get medical treatment right away if you sustained an injury at work or developed a work-related condition. Doing so is in the best interest of your health and may also help your workers’ compensation case, as thorough medical documentation will constitute strong evidence in your favor. Follow the doctor’s advice and prescribed treatments as strictly as possible.

2. Self-assess your case.

Self-assess the validity of your case. If your injury was caused by a work-related incident, your case is probably valid. However, make sure you gather all the necessary information concerning company policy and eligibility criteria before filing a compensation claim.

3. Follow company bureaucratic procedures.

Make sure you act according to company policies and regulations when you report your injury. Fill out all the paperwork as thoroughly as possible, without leaving anything out.

4. Seek legal help from specialized accident attorney.

This is, perhaps, the most important step if you want to boost your chances of winning a workers’ compensation case. Consult with an experienced accidents lawyer, who has the legal expertise to help you make a strong workers’ compensation case and can help you navigate the legal minefield.

Your case will be subject to statutes of limitations, so make sure you hire a specialized accident attorney within the time limits imposed by your state.

5. Understand how the process works.

The procedures and requirements for filing a workers’ compensation claim vary from state to state. If you hope to get your fair compensation, you should understand how the process works. Consult with your attorney to fully understand what your rights are, as well as each step of the claims process. If you need clarification, do not hesitate to ask questions. It is important to stay informed throughout your case and your healing process.

6. Cooperate with your lawyer every step of the way.

In some cases, the process might take longer than you would like. You may have to go through various stages, such as arbitration and appeals. Do not get discouraged. Given his/ her years of experience, your accident attorney will know what to do and will advise you on the best course of action every step of the way.

Following these six easy steps can help your chances of winning a workers’ compensation case and the fair compensation you are entitled to.

Ways an Accident Attorney Can Help You Claim Workers’ Compensation

Statistics show workplace accidents and injuries are common, though traumatic, occurrences. Even if they may seem more common in some fields, the risk of getting injured cuts across professional divides. Worse yet, in the case of a work-related injury, the physical pain and mental anguish are compounded by the financial burden (doctors’ bills and lost wages) and the legal hassle the worker is faced with. At times like this, the help of a workplace accidents lawyer may prove invaluable.

In theory, if you sustained an injury on the job, you are entitled to workers’ compensation. However, given the intricacies of the legal system, you may need an experienced accident attorney to guide you through the process and help you get your claim.

Here is what you should know about workers’ compensation and the ways in which a specialized workplace accidents lawyer can help you file a successful claim.

What is workers’ compensation?

Workers’ compensation is a special insurance system that pays benefits to workers who sustain work-related injuries. The insurance is supposed to cover medical bills, damages in case of permanent disability and loss of salaries or wages.

What types of injuries are covered?

The most obvious type is a physical injury resulting from a workplace accident. For instance, a construction worker might end up with severe fractures after falling from a considerable height because of some security mishap. Though manual laborers might seem more prone to such injuries, an office worker is as likely to sustain a direct injury.

A more subtle type of injury is a work-related illness, which can range from carpal tunnel syndrome to various forms of cancer caused by exposure to toxic materials on the job.

In the latter case, it may be more difficult to get compensation, because the employee has to provide evidence that the illness was caused by factors in the workplace.

Who is eligible for workers’ compensation?

Although workers’ compensation covers various types of injuries, certain criteria should be met when filing a claim for compensation. Employers should provide clear information concerning the rights and benefits of employees, including who is eligible for workers’ compensation. However, if in doubt about eligibility, you might start by requesting the respective information from the Human Resources department.

The next step would be consulting a specialized accident attorney who can analyze your case and provide advice as to the best course of action.

Ways a workplace accidents lawyer can help

A seasoned workplace accidents lawyer can assess the fair compensation you are entitled to, which may include compensation for lost wages, and help steer your course through the legal hassle.

A competent accidents lawyer will begin by gathering all of the necessary information and evidence concerning the accident, including photos of the site, names and contacts of witnesses, medical records, etc. Lawyers generally work together with doctors in such cases. However, the worker should also keep a careful record of injuries, interactions with the company’s HR or legal department, X-rays, or a journal of symptoms.

Based on this body of evidence, the lawyer can finally file the claim for compensation. More often than not, such claims are settled before going to court, as most companies prefer to avoid lawsuits. However, if the matter is taken to the court, the accident attorney should defend his client’s interests in court as well, ensuring he/she gets fair compensation for the injuries sustained.