Worker’s compensation insurance prevents you from suing your employer directly for an injury or illness that happens in the scope of your job. Instead, a complicated process is in place to get treatment and get you back to work as quickly as possible. Unfortunately, there are many pitfalls in the process, and many injured workers are not able to receive a fair settlement. The best thing you can do if you are injured at work is to hire a top personal injury attorney to handle your claim. We know the intricacies of labor law, and we will fight on your behalf to ensure that you get every possible treatment and financial compensation you deserve.
In theory, worker’s compensation insurance is designed as a “no fault” protection, ensuring that employees are not required to prove that it was their employers responsibility that they became ill or injured. It doesn’t always work that way. We are there to help you with your claim so you only have to rest and heal. We will be there to help you at every step of the process, making sure that you get the care you need and ensuring that your job is protected.
It is generally against the law for your employer to fire you in retaliation for filing a worker’s compensation claim. According to the law, your employer must hold your position for you or be prepared to provide a different position at the same pay when you return from a work-related injury or illness. If your employer has threatened to terminate your employment for filing a claim, you need to call our attorneys immediately so we can get to work protecting you and making sure you get the treatment you deserve.
Workplace injuries can occur in many different ways. The United States Bureau of Labor Statistics (BLS) reports that in 2017, four industries accounted for more than 15,000 cases that resulted in lost time at work. Those industries are warehousing and storage, hospitals, administrative and support services and social assistance. Among all types of injuries, slip, trip and fall accidents were the most common.
Workplace fatalities decreased slightly from 2016, with transportation industries continuing to record high numbers of workplace deaths. At more than 2,000 employees killed, transportation accounted for more deaths than any other industry and almost as many as all other industries combined in 2017 according to BLS. Falls killed nearly 900 workers, while only slightly fewer employees were killed due to workplace violence. Slightly less than half of fatal falls were from less than 15 feet. Twelve percent of fatal falls were from less than six feet.
When you are injured at work, it is imperative that you inform your employer immediately. Many injured workers will schedule a doctors appointment through their health care coverage only to find that their provider will not treat them for a workplace injury. However, you will need to see a medical professional to proceed with a worker’s compensation claim. Injured workers should carefully document all facts related to their injury, including the time, place and nature of the injury, how it happened and who, if anyone, saw the accident. Workers should also document when and how they informed their employer about their injury or illness.
Most employers will provide a claim form and will assist in scheduling an appointment to meet with the employers worker’s compensation doctor. If your employer refuses to provide a form, or is reluctant to schedule an appointment, our top rated personal injury attorneys will assist you. Most states have a statute of limitations that limits the length of time you have to file a claim. Don’t delay and risk losing out on benefits.
Our attorneys will be there for you after you have reached your maximum medical improvement, which means that you have healed as much as you are going to from your injury. We will ensure that when you return to work, you are treated fairly by your employer, any work restrictions imposed by your doctor are complied with, and you are not discriminated against. If the nature of your injury prevents you from returning to work, we can help you with resources to be trained in a new field or assist you with additional worker’s compensation benefits or long-term disability.
If you are injured or become ill at work, or if a loved one is killed doing their job, the most important step you can take is to contact our professional personal injury attorneys. We will make sure that your claim is handled correctly so you don’t lose out on the benefits you deserve.
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