Employment-related injuries are common.
When an employee is unable to work as a result of an injury sustained on the job, he or she may file for workers' compensation benefits.
Unfortunately, workers' compensation coverage only applies to employees.
Independent contractors and volunteers are not employees covered by this compensation and as such, employers may refuse to provide them with benefits.
Such claimants will be limited to conventional tort remedies.
How do you find an attorney to help you? All employers are required to carry workers' compensation coverage if they are not a registered self-insurer.
However, the insuring and the claims process can be daunting.
If benefits are unjustly denied, a claimant may benefit from consulting with a lawyer experienced in this field of personal injury law.
When discussing the situation with the attorney, or looking for an appropriate attorney to help you, it is wise to ask several questions.
1.
Will workers' compensation cover my injuries? In some states, workers' compensation benefits will theoretically cover all medical bills and provide two thirds of one's previous income.
However, differences of opinion may arise with respect to the extent of one's injuries.
If an insurer determines that an individual is partially disabled and only entitled to small payments, payments may not cover the entire bill.
This will require an appeal with the help of an attorney experienced in fighting for full coverage, even if that means going to trial.
2.
How do I pay for your services? Representation is not free for injured claimants.
Different attorneys will insist upon different payment arrangements; always make sure that there are no misunderstandings in how the fees are arranged.
3.
If my claim is denied, can I appeal? There are several levels of appeals for a work injury claim, so be sure you are confident in your attorney's ability to carry your claim further than the first step.
4.
Can I sue for my lost income? Generally, workers' compensation coverage is an exclusive remedy that forecloses options that would be available if the relationship between the plaintiff and defendant was different.
However, if the employer did not cover employees with this kind of policy, injured employees may sue for damages.
Discuss the matter with them before hiring the attorney.
5.
If my employer offers me alternative employment, do I have to accept the new position? Applicants for workers' compensation in some states are usually required to accept light duty if it is offered.
However, there are limits to what the employee is required to accept.
Discuss possible new position offers with any prospective attorney, along with your prior duties, to learn what they would advise you to accept.
6.
How do I obtain workers' compensation benefits? Initially applying for benefits is simple; if the employer obeys the law, he or she should provide you with all the information necessary to file a claim.
If not, workers can go to the web site of the Workers' Compensation Commission for your state and obtain the information there.
However, if an insurer fails to reach a timely decision or if your injuries are not fully addressed, filing an appeal may be necessary.
Navigating the bureaucracy can be challenging and appealing to the courts may eventually be necessary.
It's imperative that you question a lawyer about their experience handling appeals in order to know ahead of time that your case will be properly followed.
An attorney experienced in personal injury law will be prepared to answer most questions, and their answers to these simple questions should clarify the process for employees needing to make a workers' compensation claim.
Having an experienced attorney represent you at an appeal hearing can be invaluable in overcoming needless barriers to receiving benefits.
If you are not receiving compensation for your employment-related injury, consult an attorney as soon as possible.
Workers' compensation coverage requires prompt notice and delaying action could foreclose benefits altogether.