If you have been injured on the job, you may be entitled to money from your employer due to a workers' compensation lawsuit. If you feel that you have been wronged by your employer, you may have a case. Workers' comp law is a complex beast. There are many deadlines that must be met, and appeals are often necessary in these cases. For this reason, many individuals opt to hire an attorney to help them build and present their case. A workers' compensation attorney will know the ins and outs of what is required to win a case and may be a powerful asset.
In order to build your case, you basically need to prove the following items.
You Were Injured While Working.
Many an employee has been injured while in the line of duty. Common examples of work-related injuries include falls while at work, burns, accidents with machinery, exposure to chemicals, needle sticks, or even physical or mental overexertion. One must be able to prove the extent of their injuries and how they came to be. If you experience an injury at work, do not delay getting medical attention. In order to be effective, most cases must have doctors' notes in order to prove injury.
You Were Following All Work Protocol.
An employer will always not be liable to pay for any injuries if an employee was not following proper safety protocol at the time of their injury. If that were the case, businesses would be going under at an alarming rate, due to people goofing around and getting hurt. There are rules in the workplace for a reason. In order to have a case, an employee must generally be able to prove that they were following all safety protocol rules and yet still suffered an injury. This may involve getting testimonies from coworkers or other individuals who were aware of what happened.
You Have Filed Your Claim and Case Appropriately.
When one is injured on the job, they must first file a workers' compensation claim. If the claim is denied, then the individual can choose to sue. However, in order to have a solid case, the claim must be filed appropriately. For example, there are two deadlines that are imperative when filing a workers' comp claim. One deadline is when the injury is reported to the business, and the other is when the actual claim is filed. There are specific deadlines in each state for these two deadlines. You may find yours on websites similar to this one.
To learn more about legal services, contact a law firm like McFarland & Masters LLC.Share
19 March 2019
After I was accused of doing something that I knew I didn't do, I knew that I needed a trained lawyer by my side to help me to fight the bogus charges. I started talking with different attorneys, and I was able to find a professional that really understood what I was up against. He helped me to identify the different challenges I would be faced with, and he walked me though the entire process. Because of his understanding and diligence, I was able to fight the charges, and it was an incredible feeling. Check out this blog for more information.