When you go to work every day, you should be walking into a safe environment, and thanks to OSHA., business owners are required by law to ensure the work environment is safe. OSHA, also known as the Occupational Safety and Health act of 1970, ensures safe, healthy work conditioners for all workers.
If you are injured on the job and can’t work, you may qualify for workmans compensation benefits, such as weekly checks to cover your lost wages, and your medical bills will be paid.
In many cases, your claim will be approved; however, there are times you’ll need to hire a workmans comp lawyer.
Your Claim Was Denied
According to NOLO, there are several reasons a workmans comp claim can be denied, including:
- You didn’t report your injury right away and missed the deadline to report and file.
- There’s a dispute about whether your injury was work-related.
- Your injury doesn’t meet state guidelines, and your state has ruled out the injury, or it isn’t severe enough to meet the requirements to file a claim.
- You filed the claim after leaving your job because the injury occurred after you put your two weeks in, or you were fired in retaliation for reporting a workmans comp claim, which is illegal.
If your claim has been denied, a wormans comp lawyer can look into why you were denied and file an appeal on your behalf in hopes of the denial being overturned.
Your Employer Is Retaliating
You have the right to file a workmans comp claim without worrying about being fired. According to Disability Secrets, your employer cannot fire you because you fired a workmans comp claim because it’s illegal. However, you can be fired while you have an open workmans comp claim, which can make things confusing, so it’s best to hire a workmans comp lawyer.
Your lawyer can discuss why you were fired to determine if the reason was retaliation or something else. If the lawyer feels your employer fired you in retaliation for filing a claim, they can appeal the decision and also file a lawsuit for Wrongful Termination in California (or wherever you are) against your employer.
A Third Party Contributed To Your Injury
If a third party contributed to your injury, it’s best to talk to a workmans comp lawyer. For example, suppose you were driving a company vehicle making a delivery, picking something up, or for any work-related purpose and are hit by another vehicle. In that case, you will qualify for workmans comp benefits, and you also have the right to file a personal injury lawsuit against the other driver. A workmans comp lawyer can discuss the circumstances of the accident, and if you have a case, they will refer you to a personal injury lawyer to file a claim.
The Severity & Cause Of Your Injury Are In Question
If your employer has denied that your injury occurred in the workplace or questions the severity, a workmans comp lawyer can help. There are several ways your lawyer can prove your claims to keep your claim on track.
- Medical bills
- Medical records
- Your prognosis
- Expert testimony
- Photos of your injuries
- Witness statements from employees who saw the accident happen.
- If your employer has cameras in the workplace, your lawyer can request the footage from the day of your accident to prove you were injured on the job.
If your lawyer can prove you were injured on the job and your injuries are severe enough that you can’t work, there’s an excellent chance your claim will be approved.
Your Injury Prevents You From Returning To Your Job Or From Working At All
If your injury was so severe that you can’t physically handle your previous job or you can’t work at all, you are entitled to weekly payments or a lump sum to make up for your lost wages. These cases are often expensive for insurance companies; therefore, they will do whatever possible to avoid paying what you deserve.
It’s essential to hire a workers comp lawyer in this situation because they will fight to ensure you get everything you’re entitled to. You have rights when you’re injured on the job, and an experienced workmans comp lawyer will fight for your rights to ensure you receive the compensation you deserve.
