#workerscomplaw

If you are injured at work and your employer has workers’ compensation available to his employees, you need to file a claim to help you defray costs of medical bills as well as lost wages while you are out of work.  It is highly recommended that you retain a workers’ compensation lawyer to help you navigate the process.   He can advise you on how and when to file your claim as well as represent you if the case were to be taken to court.  Here are a few reasons hiring an attorney would be a good move:

1.            What if Your Employer Denies Your Claim

If you were to get injured at work and file a workers’ compensation claim, make sure you follow the correct procedures to ensure that you claim doesn’t get denied.  Here are a few:

·         See a doctor right away and obtain medical records.

·         Inform your employer of your injury right away.  If you wait, chances are your employer won’t believe you really hurt yourself.

·         Seek out anyone who may have seen the accident happen.  Witness can testify on your behalf.

2.            What if you Don’t Receive the Settlement That you are Owed?

If you do file a claim, you need to make sure that the claim covers payment for all damages incurred.  For instance; all of your medical bills and lost wages while you are out of work to recuperate. When you hire a skilled attorney, he or she will make sure that your claim includes payment for other damages such as pain and suffering as well as any persistent pain with effects that could be long term.

A skilled attorney will ensure that the claim is correctly filled out and filed with the courts within the proper time frame as there is a statute of limitations.  Also, he is your leverage within the case.  He can property negotiate your claim to make sure that the outcome is in your favor.

3.            Employer Retaliation

Employers spend a good deal of money on workers’ compensation insurance for the company.  They also want to keep the rates as low as possible and to do so they try to keep the workplace as safe as possible.  In the event that an employee does get injured on the job, the employee should and probably will file a claim to help him defray the cost of medical expenses and lost wages while out of work.  It’s possible that your employer may deny your claim just to keep the rates from rising and will use any means to alleviate that blow.  He may come up with a myriad of excuses why your claim should be denied, like:

Demoting the employee

Reducing the employee’s hours

Reducing the employee’s pay

Firing the employee

This is why hiring an experienced attorney would benefit the employee.

So, to sum it up, work injuries happen.  Some injuries are minor but still encumber the employee; some are major with long term effects.  Either way, you need to file a claim with your employer’s workers’ compensation insurance company.  However, if you do have a legitimate claim for illness or injuries, the process can be a very long, intense and complicated ordeal.  To alleviate the stress that this entire process will create, it is wise to retain a skilled workers’ compensation lawyer Memphis TN trusts to assist you. The entire process will be much easier for you as this type of lawyer can provide you with the tools you will need to achieve the best results if the case is taken to court.

Workers’ compensation law is simply a system of rules, present in every state, that are designed to pay the expenses of employees who have become injured or disabled while performing job-related duties. The compensation derived as a result of these laws ensures employees receive lost wages, and get help with medical expenses and costs associated with retraining or rehabilitation.

If the employee is permanently disabled due to an on-the-job accident, the compensation can also include lost future wages and more long-term financial assistance. Each state’s workers’ compensation laws are slightly different. The workers' compensation laws in each state are administered by the state and are financed by mandatory employer contributions.

The Benefit of Workers’ Compensation Verses Other Litigation Options:

Although workers’ compensation laws do benefit those who are injured on the job, they also protect employers. Due to the presence of workers’ compensation, the possibility of litigation and large amounts of money being required from an employer due to an accident is eliminated.

This is because each employer will only be required to contribute into the worker's comp system and will not be forced to come up with a huge amount of money to pay an employee’s injury claim. However, their workers’ compensation rates will likely go up if they have an employee file against them. Therefore, in many ways, on the employers' side, workers’ compensation is much like an insurance program, designed to protect them from financial ruin in the case of an accident.

Exceptions to the Law:

California Workers’ compensation law prevents employees from suing their employer for negligence and it sometimes reduces the amount of compensation an employee can garner. However, there are situations and exceptions to the law.

Situations where exceptions are made include those where an employer or coworker intentionally caused harm to an employee, the injury is a result of a defective product or an employee is exposed to a toxic substance. Employees are also free to file suit against third parties.

California Workers’ Compensation Claims Specifications:

How long can an employee wait to file a workers’ compensation claim? In general, an employee should give their employer notice of an injury within 30 days of an accident. However, if the injury happened gradually, employees should let their employee know about the injury within 30 days of it causing temporary disability.

What happens if an employee waits too long to report an injury? In the event that an employee fails to report an injury within the 30 day time period, they may lose their compensation. However, if the employee can prove that the employer knew about the accident or injury, they could be entitled to compensation even after the 30 day time frame.

What happens if an employer does not have workers’ comp insurance? California allows some large companies to set aside funds for workers’ compensation claims instead of going through the state. Generally, if an employer does not have workers’ compensation insurance, employees are then free to sue their employer in civil court to gain compensation for medical expenses, lost wages and pain and suffering. They are also given the right to file a workers’ comp claim against the employer and collect from the California’s Uninsured Employers Benefits Trust Fund.