If you have been injured at your workplace, then you are eligible for workman’s comp. The law mandates that companies should offer workers compensation benefits. There are industries that come under stringent regulation where the law gets into the details of the nature of workman’s comp that must be assured. Industries that don’t really put the life or health of the workers at risk don’t have such stringent laws but there are provisions that would make companies legally liable for injuries at the workplace.
For adequate workman’s comp and approval of the workers compensation benefits, you would have to prove that you were not at fault for the injury, that someone else or the company, its infrastructures or policies were to blame and you would have to document the damages inflicted upon you, including injuries, so the claim can be foolproof.
The first thing you should do is obviously get adequate medical help. As you do so, all documents must be kept as records that would be used to file the workman’s comp claims. We can help you with that. It is fine if you try to file your claims on your own but you wouldn’t be able to handle the complexities of the case. Most companies are reluctant to settle the cases according to the claims of the employees. They tend to negotiate and many companies outright deny that they were at fault. You don’t want such developments for sure.
There are a few realities you should know about workman’s comp and particularly about attorneys or lawyers who would be able to help you.
- You should consider hiring an attorney immediately after the accident. Don’t wait for the case to turn south or the company arbitrators to get the better of you. Always explain everything truthfully and in detail. Don’t keep your family, friends, colleagues and particularly your attorney in the dark. Document the whole story, as practically possible. You can consider hiring an attorney on a ‘no win, no fee’ basis. This will protect you from any legal fees unless you are getting your workers compensation benefits.
- You can’t be certain that your case is a win-win and that your company will not make matters complicated and worse for you,considering the ‘no win, no fee’ system is the best way to protect yourself and earn a substantial chunk of your workman’s comp.
- Workers injury claims or injury at workplace cases are mostly settled in arbitration, through negotiation of both parties. However, trials are not unheard of. If you think that you are getting a very poor offer and that your pain, trauma and injury which could even be disability are being mocked at with the ill deserving offer, then you can always take the company to court.
Now, here is a bit of truth that you should know of. Consider this as more of an insider leaking out some precious info. Most companies opt for workers compensation insurance. In some states, it is imperative for most companies to get workers compensation insurance. This protects them in cases of punitive action, lawsuits and major workplace injuries. Certain industries will always have workers at risk and there can be more than one worker injured at a given time, place or due to the same cause. It can become financially challenging for a company to settle such multiple claims. Hence, when you do make claims, it is not always that the company is paying out of its pocket. It can be the workers compensation insurance which would be taking care of your claims.
In other words, the company doesn’t have to fight your claims or make it hard for you to win the compensation.
Workers compensation insurance policies cover for injuries suffered while on the job, they finance medical treatments and also offer compensation for any direct or indirect fallout of the incident. It is possible that a worker would be unable to work or be incapacitated in some way which can affect one’s long term career.
All such possibilities, however unpleasant, are accounted for in the workers compensation insurance policy. You may not get to know if your company has such a policy and you may not need to know as well. As long as your case is strong and your attorney wins your claims, how a company pays for the compensation is really not something that should concern you. However, knowing that companies have protection would make you a better negotiator and that helps when your claims are being questioned.
In case you have any further questions, feel free to contact us.