What is the Law for Workers Compensation
Accidents at work are common: a slip on a wet surface, a fall off a ladder, a back strain from heavy lifting, or even carpal tunnel syndrome as a result of typing. In these instances, a workers’ compensation attorney can help an employee recover compensation. Here’s what you need to know.
What Is the Purpose of Workers’ Compensation?
Workers’ compensation is a form of insurance designed to provide employees who are injured while performing job-related functions with financial compensation for lost wages and medical care.
What Can a Workers’ Compensation Attorney Do for Me?
Hiring a dedicated workers’ compensation lawyer will give you a much greater chance of obtaining the benefits you deserve. Your attorney may take a number of measures on your behalf, including:
- Communicating with the insurance company
- Gathering medical evidence in support of your claim
- Negotiating a favorable settlement
- Representing you at your workers’ compensation hearing
- Appealing a denied claim
Why Are Some Claims Denied?
Unfortunately, employers and their insurance companies often deny workers’ compensation claims — even when they’re perfectly valid — which leaves the injured employee to face a complex appeals process. Perhaps the most common reason why claims are denied is a lack of medical evidence. A workers’ compensation attorney can help you gather the evidence you need by:
- Collecting medical records
- Recommending or arranging treatment with physicians
- Obtaining medical opinions through an independent examination
- Identifying poor workplace safety or a lack of training
Claims may also be denied if the employer disputes that the injury took place at work or that it was caused by job-related duties, among other reasons. Your attorney can help you navigate the complex appeals process.
How Do I Know if I’m Covered?
To receive workers’ compensation benefits, you must meet certain requirements:
- Your employer is covered by workers’ compensation insurance: Most employers are legally required to carry this insurance, but there are exceptions that vary by state.
- You are an employee: Independent contractors are not considered employees and do not qualify for workers’ compensation benefits.
- Your injury is work-related: The injury must have occurred on the job while you were performing a work-related task.
Contact a Workers’ Compensation Attorney
If you have suffered a job-related injury, you may be eligible to recover workers’ compensation benefits. Contact Morgan & Morgan by filling out a free legal case evaluation now.