How Do Workers Compensation Claims Work?
If you’ve been injured on the job, filing a worker’s compensation claim can be a confusing and overwhelming experience. At The Clardy Law Firm, we often meet people who are unsure of how to proceed with their workers com claim, or are afraid of meeting resistance from their employer during the process. Since we have experience as workers comp lawyers, we thought a quick overview of workers comp claims would help clear the air and help you decide if a worker’s compensation claim is the right move for you.
Most employers are covered by state employers compensation laws. In some cases certain people and businesses are exempt, such as company owners, those working for firms of five or fewer employees, agricultural workers, domestic workers, and independent contractors. These exempt companies may be required to carry a general liability insurance, however.
Injuries that occur on the job, or diseases that result from long term exposure to hazardous materials or stress, are covered by workers compensation laws. Any injury sustained commuting to and from work is not covered, however injuries sustained while running errands, or when required by your employer to visit another location, generally are.
If you are injured on the job, you would file a workers compensation claim using a form that your employer will provide. Workers compensation will likely cover one half to one third of medical expenses as well as all medical costs, tax free. Most often, there will be an independent medical assessment with a doctor chosen by the employer’s insurance company. If offered a settlement by your employer, consider the fact that there may be unexpected medical expenses down the road. You want to make sure to be compensated fairly, and a settlement offer is not always in your best interests. Sometimes an employer will offer a settlement to avoid the further costs of court, but may also be attempting to save money by not offering the full amount which you are entitled to legally.
If you believes there is a possibility that the claim will be denied, it is a good idea to consult a personal injury attorney who specializes in workers compensation litigation. You can choose to proceed alone, but going up against a corporation and their team of lawyers can be a daunting task. With an entire legal team working to make sure you receive as little as possible, as is in the company’s best interest, you may need someone in your corner who is willing to fight on your behalf, so you can concentrate on recovering and getting back to your daily life. At The Clardy Law Firm we have years of experience fighting to get our personal injury clients a fair shakedown in the courts. Our workers compensation lawyers know the ins and outs of the law and are able to use every detail of your case to ensure you are compensated to the fullest degree.
If you receive a workers compensation package, but are unsatisfied afterward, your legal options are likely quite limited. However one can appeal to the state workers compensation board to have the package reviewed. A qualified worker’s comp lawyer can handle this appeal for you as well, but the optimal situation is to have legal representation before filing your claim. By retaining legal council early, you ensure there is less opportunity for an employer or corporation to take advantage of your situation by not compensating you fairly.
If you’ve been injured on the job, we suggest you speak with a lawyer and review all of your options before committing to a certain path. If you’d like more information on how The Clardy Law Firm handles worker’s compensation law, feel free to contact us. We can lay out your options and help determine the best next step for your particular case.