Workers compensation is a kind of insurance, the employer offers their employees in case of injuries or illness at workplace. The medical and cash benefits help to cover the employees lost wages and pay treatment bills. Eligibility and coverage will depend on different factors.
- Are you an employee? – Contract workers are not regarded as employees for coverage under workers compensation.
- Is your illness or injury related to work? – For example, injury can occur, while on a work errand or fall ill due to extra stress at workplace.
- Do your employee carry worker’s compensation coverage? – All the employees are not needed to carry worker’s compensation coverage. Rules are based on number of employees hired.
In many states it is mandatory to carry some kind of workers comp insurance even though there are some workers who are not covered including domestic workers, agricultural workers, undocumented workers or seasonal workers.
Should you hire worker comp lawyer?
In case of minor injury, where employer clearly approves that injury occurred at work or if you feel that there is no need for a lawyer then there is no need for legal counseling. In cases, where injury is severe and employer is difficult to deal with then you will need a lawyer to fight for your workers compensation rights.
Complexities in worker’s compensation cases
- Employers denies worker’s comp claims
- Discrimination or retaliation from the employer
- Comp benefits are inappropriately paid
- Employer does not carry workers comp coverage
- 3rd party is involved in illness or injury
- You have pre-existing conditions
- Illness or injury causes permanent disability to work
- You are receiving other medical benefits
- Insurance defies treatment options
An experienced workers comp lawyer will help to smoothly navigate such complexities to ensure you get the benefits you deserve.
Benefits of seeking help from workers comp lawyer
- Experience in handling similar cases and winning
- Offer free consultation to help decide if lawsuit is needed
- Responsible to defend employee rights.
- Prepare your case after thorough research
- Collect possible testimony, medical records, statements, victim’s history, and more components to fortify your case
- Knows how to present information for strong compensation claim
- Good negotiator for possible settlements, so as to ensure sufficient coverage for accrued expenses
Possible results of worker’s comp cases
The four kinds of workers comp benefits, which employees can use in case of work-related illness or injuries are –
- Temporary Partial Disability [TPD]
- Temporary Total Disability [TTD]
- Permanent Partial Disability [PPD]
- Permanent Total Disability [PTD]
Results of the worker’s comp cases are different including –
Settlement – Employer and insurance provider grants the employee a lump sum of cash or other benefits.
Claim denial – Denial can be due to several reasons like employer’s denial, lack of timeliness, claimant pursues other medical treatment, lack of evidence, etc.
Appeal – Appeal is not suitable for the insurance provider but if settlement is not proper the lawyer will advise you to appeal or not. Appeal includes legal complexities, so a professional lawyer is crucial to make the decision.
Other financial compensations – The victim may not be qualified for average worker’s comp benefits but may be eligible for other kind of assistance like reimbursement for the lost wages, long term disability coverage, vocational rehab, social security disability, or short term disability. In case there is a device or product involved in the injury then 3rd party manufacturer can be sued.
Workers comp lawyer are the experts in giving advice about compensation for your specific case to determine you obtain the help you are entitled to.