Recently updated on October 25th, 2022 at 11:44 am
Are you dealing with a workplace injury? Are you unable to work? You may also know nothing about construction accident law or work injury law.
The main thing you need to know is this: You can receive compensation for a workplace injury under the law.
Your employer must cover your injuries, including ongoing medical costs. It doesn’t matter if you suffered a temporary or permanent injury. If an employer doesn’t cover your injuries, you have the right to take them to court.
This article will explain how to invoke the law when dealing with a workplace accident. Let’s explore.
What Type of Compensation Can I Receive?
Table of Contents
- What Type of Compensation Can I Receive?
- Can I Sue My Employer if There’s No Workers’ Compensation Plan?
- How Can I Win My Case?
- What Should I Do If I Suffer an Injury While Working?
- Can an Employer Deny My Claim Legally?
- Why Should I Get a Workplace Injury Attorney?
- Do Work Injury Laws Favor Employers and Insurance Companies?
If you’re injured at work, you have a right to workers’ compensation. All states mandate that businesses carry a compensation plan. It provides coverage to workers injured on the job.
Image source: workingwise.nz
In some cases, however, it may not provide coverage if you sustain an injury away from the worksite. Off-site injuries can be murky; therefore, contact a workers’ compensation attorney to know if you have a case. Despite the gray areas, it covers most types of workers, such as:
- Full-time employees
- Part-time employees
- Seasonal employees
With that, undocumented laborers and farmhands usually don’t qualify for workers’ compensation. Additionally, the eligibility requirements vary by state.
The type of coverage you receive depends on the extent of your injuries. For example, recipients will receive partial disability or total disability in most cases.
You’ll receive total disability if you cannot work for a limited time. If you suffered an injury but can still work, you’ll receive partial temporary disability as you work. However, the compensation plan will cease when you can work at full capacity.
On the other hand, you may be eligible for permanent disability compensation if you incurred a crippling injury. Under permanent total disability, you’ll receive benefits if you end up disabled. Due to your serious injury, you may also claim Social Security disability income.
Permanent partial disability entails partial payments for a severe injury. Perhaps you suffered a severe injury that prevents you from doing your job fully.
Finally, workers’ compensation also offers death benefits. The surviving family members will receive compensation if their loved one dies on a worksite.
Can I Sue My Employer if There’s No Workers’ Compensation Plan?
You can sue an employer if they don’t have compensation insurance. Your employer may also have compensation that doesn’t fully cover your injuries.
You have the right to petition the courts to get the remaining compensation. You can also sue them if they deny your claim without just cause.
How Can I Win My Case?
Even though the law allows you to sue an employer, you must prove the employer was at fault. Overall, the employer must also inflict some type of harm on you. Refer to the following instances:
- The employer physically assaulted you
- The employer didn’t use a piece of equipment or machinery properly
- The employer created a faulty product that caused your injury
When an employer commits a reckless action that’s outside the bounds of a working relationship, you may be eligible for damage rewards.
What Should I Do If I Suffer an Injury While Working?
Above all, your employer must ensure you get the proper medical care. A doctor will help you document the extent of your injuries. They’ll also convey if you need long-term care.
Obtain a record of all injuries. Also, a doctor can note their opinion in writing about the severity of your injuries. A doctor’s note will be useful during an insurance negotiation or a civil trial.
To win your case, provide irrefutable evidence that gives your employer no wiggle room to deny your claim.
Can an Employer Deny My Claim Legally?
Employers and insurance companies can find ways to deny your claim, even if you’re legally entitled to compensation. Moreover, employers and/or insurance companies can find legal ways to reject your claim.
That’s why it’s imperative to document your injuries extensively. Workers’ compensation payments come from the employer’s insurance company. However, insurance companies try to reduce payouts to save money.
- Example: If you don’t seek medical treatment, an insurance adjuster can claim your injuries aren’t serious. Therefore, the employer’s insurance carrier can reject your claim.
Be wary of adjusters, as they’re aligned with insurance companies. They’re not there to maximize your compensation. They’ll get your claim dismissed if they can find a loophole.
Why Should I Get a Workplace Injury Attorney?
Whereas adjusters aim to minimize your claim, attorneys will help you maximize your compensation payouts. A lawyer will use the law to your advantage and tackle tricks used by employers and insurance companies.
In many cases, employers and insurance companies will comply with the law when a lawyer gets involved. Above all, an attorney is your best asset if you must sue an employer.
They can help you gather evidence and present a strong case in court. More importantly, they will handle the drudgeries of negotiations, allowing you to focus on getting better. Above all, find an experienced lawyer who has a winning track record.
Do Work Injury Laws Favor Employers and Insurance Companies?
There are times when work injury law allows bosses to reject your petition. However, the laws depend on each state. Regardless of state residence, you have the right to sue an employer, especially if they don’t have a workers’ compensation plan.
Insurance companies are another barrier, as they can reduce your compensation payouts without just cause. The answer is to hire a workplace injury attorney who knows how to get you a justifiable payout plan.
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