If you were injured on the job, you may be entitled to benefits under current workers compensation laws. However, before filing a claim for these benefits, there are a few important facts that you should know. Taking the time to review these facts will not only help you to determine whether or not you are entitled to benefits, but will also help to improve your chances of successfully obtaining the benefits that you deserve.
Fact #1: The Law Requires Your Employer To Submit Your Accident Report Even If You Were Injured Several Days Or Weeks Ago
One of the biggest lies that many employers tell is that they are unable to process an accident report if the employer fails to immediately report their injuries. However, not only is this statement untrue, but the law actually requires employers to file a report for all employee accidents regardless of when the accident was reported.
This is because many injuries can take several days or longer to produce symptoms. Consequently, while an employee may think they are fine in the minutes and hours following a minor accident, the truth is they could be suffering from serious internal injuries that have yet to cause any physical symptoms.
If your employer is refusing to file your accident report with their insurance company, this behavior should be immediately reported to a qualified workers compensation attorney who can take action to help you get the benefits you deserve.
Fact #2: You Can Appeal Any Decision That Is Made In Your Case
Many people are aware of the fact that they can file an appeal if their claim for benefits is denied. Unfortunately, many of these same individuals fail to realize that they can also appeal other types of decisions in their case. For instance, if your claim is approved but you feel as though your benefit amount is incorrect, you can choose to appeal this decision. More importantly, you can choose to appeal this decision without fear of losing your benefits all together.
Fact #3: Your Employer Cannot Fire You For Filing A Claim
Most injured workers have every intention of returning to the same job as soon as their injuries are healed. Consequently, these workers often worry about causing trouble with their employer by choosing to aggressively pursue a workers compensation claim. If you share this concern, you should know that your employer cannot terminate or demote you as a result of your injuries or you decision to seek compensation. In fact, doing so will constitute an illegal act that can potentially be pursued both civilly and criminally.
A Final Thought
While many workers compensation claims will be settled quickly, this will not be the case for all injured workers. If you are experiencing problems getting the workers compensation benefits that you deserve, the best thing you can do is to consult a qualified workers comp attorney. These attorneys will determine whether or not your case has merit and will help to ensure you get every dime that you deserve. To learn more, contact a company like Arrington Schelin & Munsey PC with any questions you have.
Share2 March 2015
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.
