Worker’s compensation insurance is required by federal laws. Any company that has more than one worker needs insurance. If the employer violates the law, the company could be liable for injuries and face financial penalties.
When starting a claim for an injured worker, the employer must send all documentation to the insurer. A claims adjuster reviews the claim and determines if the worker’s injuries meet the policy terms. If the injured worker is denied monetary benefits and coverage, the law allows for legal action.
Were You Denied Monetary Benefits and Coverage?
Under worker’s compensation laws, insurers cannot deny an eligible worker monetary benefits. The insurance policy and federal laws define reasons that disqualify an injured worker. If the worker isn’t capable of returning to work because of the injuries, the insurer pays monetary benefits until the worker’s doctor medically releases them. If a qualified worker was denied the benefits, the individual needs to speak to Workers Compensation Attorneys about their claim.
How Severely Were You Injured?
The severity of their injuries will determine how quickly the worker returns to work. Severe injuries often take months to heal, and the individual will be out of work longer. The monetary benefits offered through worker’s compensation range between 80 and 90% of the person’s regular wages or salary. The worker receives the monetary benefits until their return to work, and the total number of weeks required for recovery offers a baseline for how much the person stands to get.
Did You Develop a Permanent Disability?
A permanent disability prevents the worker from ever returning to their job. If the employer’s failures or OSHA violations caused the disability, the employer is liable. Under the circumstances, the person files a legal claim to collect lifelong wages.
The person’s projected life span, medical conditions, and current age define how much the person could have earned. If the worker wins their legal claim against the employer, the monetary awards could reflect this amount.
What Caused the Injuries?
The exact cause of the injuries comes into question in a legal claim. The evidence must show how the person sustained the injuries and if the employer is liable. If the worker became injured because of defective machinery or equipment, the manufacturer is liable. The investigation of the accident could pinpoint a different defendant. The amount the victim could win depends on the liability and how severe the injuries are.
Did You Play a Role in Causing Your Injuries?
To discredit a legal claim, defendants try to redirect the blame to the victim. If the victim’s actions contributed to the accident, these actions are used against the claimant to dismiss the case.
Common ways that the claims are discredited are if the worker was under the influence of alcohol or controlled substances. If the victim violated company policies, such as wearing the wrong attire or footwear, the defendant could disprove the allegations. The victim’s attorney looks at the case from all angles and eliminates these possibilities.
Worker’s compensation insurance pays for the injured worker’s medical expenses and gives the worker monetary benefits. How much the person receives depends on how long the person must recover. If the worker is denied monetary benefits, an attorney determines why the person was denied and if the case is viable. By meeting with an attorney, the claimant determines how much compensation they could receive.