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Injured on the Job? A Compensation Attorney Can Help.

Injured on the Job? A Compensation Attorney Can Help.

Workers' compensation law, known colloquially as workers' comp, covers a medical benefits program that compensates employees who are injured during the course of their employment. In the United States, these laws are individual to states, but they are generally very similar; most injured employees in the country have the absolute right to medical care and usually monetary payment for any resulting disability. Because the legal system involved can be complicated, anyone who is injured in the workplace would be best served by consulting a compensation attorney who can evaluate the claim and help navigate the nuances of the insurance program.

To some degree, workers' comp is a tradeoff, since employees must relinquish their rights to sue for negligence. The bargain, therefore, is the lack of other legal recourse in exchange for the security of definite coverage. Though the details differ from jurisdiction to jurisdiction, the typical ways that the program compensates include:

  • Weekly payments in the place of salary or wages

  • Reimbursement for past and future economic losses

  • Payment for medical expenses

  • Payments to dependents

In these ways, the coverage acts as types of disability, health, and life insurance. However, two things that are generally not available for workers who sustain injury are damages for pain and suffering and punitive damages for employer negligence.

This type of system does not exist in every country, though it does in many – typically in highly industrialized locations, since it usually comes to pass due to the efforts of trade unions. The first such laws in the United States were passed in Georgia and Alabama in 1855. In most states now, administration is handled by separate agencies as opposed to the general court system, including disputes. However, appeals are sometimes heard in the state court system.

Particularly in cases where benefits may be in dispute, a compensation attorney is indispensible to ensure the employee's rights are appropriately considered. For example, in most states it is illegal for an employer to fire a worker for reporting an on-the-job injury or filing a claim. Likewise, it is usually illegal to refuse to hire an employee who has reported in the past; this is a type of discrimination, though it can be very difficult to prove.

Though hiring a workers compensation attorney  will be the best recourse for those who find themselves in this difficult position, there are also some steps that they can take to help ensure a successful claim:

  • Be sure to get a copy of the report from the employer

  • Make copies of medical records, including the physician's narrative and any medical forms

  • Ensure that medical reports include information about how the injury is related to the employment

  • Keep copies of decision letters from judges that may contain information about how late an appeal may be filed

Though these are good guidelines, the best first step is to be sure that you are aware of the appropriate laws in your state, and that you review the guidelines available from your employer.

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