If you have been injured on the job, you may need help from a worker’s compensation attorney. As a worker, you are entitled to worker’s compensation benefits anytime you become injured on the job. These benefits kick in within a couple weeks of filing for them and pay for medical bills along with a portion of lost wages. In theory, the process is simple and it should be easy to get the compensation you deserve. Unfortunately, this does not always play out in real life and at times, it can be difficult obtaining compensation.
How a workers compensation attorney can help
There are several reasons why an employer may deny worker’s compensation benefits, including:
#1. They claim you were not injured on the job
It is common for an employer to try to get out of paying compensation by claiming that the accident happened somewhere else. If an employer can create doubt or prove that the injury could have happened on recreational time, they might not have to pay anything. In this scenario, an attorney can fight their claims by presenting evidence to prove where the injury happened and how; often, by calling eye-witnesses.
#2 A report was not filed in time
It is important to make an accident report immediately. An employer will require this within a set amount of time but it is best to file the report on the same day, or at a minimum, be sure to alert the supervisor on the day of the actual accident. Naturally, being rushed to the hospital does not leave sufficient time to file an official report. However, one can make a phone call and request that someone bring the forms to the hospital. This prevents an employer from coming back later and claiming that the injury occurred elsewhere.
#3. They do not have worker’s compensation insurance
Legally, an employer is required to carry worker’s compensation insurance policies. This does not mean that they do or will. Some try to get away with not carrying insurance and although it can result in a fine, it is a risk that is taken on occasion. In this situation, a traditional worker’s compensation benefits claim is not an option and so filing a lawsuit is the best course of action
Suing a third-party
In some accidents, a third-party contributed towards the injury. Third parties are not covered under worker’s compensation laws and can be sued like a traditional personal injury case. For example, if the manufacturer of safety equipment produced something faulty and this resulted in an injury, they can be sued in addition to collecting worker’s compensation benefits.
This provides two potential sources of compensation. The first is faster since worker’s compensation claims can be processed in a matter of weeks. Filing a lawsuit and collecting damages takes time but is worth it to increase the amount of income coming into your household.
Schedule a consultation.
Learn more about your legal options by calling our office and scheduling a consultation with a worker’s compensation attorney.
Note: This is for information purposes only and does not constitute legal advice.
