Answers to Common Workers’ Compensation Questions
After an injury at work, you may find that uncertainty and confusion fill your mind. When you do not know what will happen with your job, your career, and how you will support your family financially, it is common for you to become worried for your future. As these worries float through your mind, you want answers to the questions and fears that keep you up at night.
Understanding the answers to some of the most common questions others who have been injured at work have can help you get the peace of mind you need to know how to proceed with your case. Here are answers to some of the top questions that we receive about the consequences and outcomes of filing a workers’ compensation claim.
"Can I file a lawsuit against my employer for my injuries?"
Getting hurt at work is a traumatic experience. Many people injured on the job are rightfully angry and frustrated. The most common way to react is by filing a lawsuit. After all, because the negligence of your employer caused you serious harm, you want to receive compensation for both economic and trauma damages.
Unfortunately, in most on the job injury cases, filing a lawsuit against an employer is not an option. The only way to receive compensation after a workplace injury is by filing a worker compensation claim. In some rare cases, you may be eligible to receive compensation after a workplace injury through a lawsuit. This may be possible if a third party caused your injury. In that case, you would file a lawsuit against the third party that led to you getting hurt at work, and you may be able to file a lawsuit if your boss negligently hired the third party to come in to your workplace. The workers’ compensation laws are complex. For that reason, it is highly recommended that anyone seriously hurt at work contact a workers’ compensation lawyer for help with their claim. Putting someone skilled and knowledgeable about workers’ compensation laws on your side can help you understand the possibilities available to you.
"Will my employer refuse to pay my workers’ compensation for any reason?"
The workers’ compensation law is such that when you get injured at work, you do not have to prove fault on the part of your employer in order to receive compensation. Any employer with more than three employees must provide workers’ compensation insurance for their team. Still, some employers refuse to pay some or all of an employees workers’ compensation claim. Workers’ compensation claims are not meant to punish an employer. Rather, the sole purpose is for employees to have their medical bills covered, and a portion of their weekly income. When an employer refuses to cover these costs, your case could be brought before the Administrative Law Judge. This is complex, overwhelming, and may take months before a hearing takes place. Putting a workers’ compensation lawyer on your side can help with this process. If your employer refuses to pay some or all of your workers’ compensation claim, which you know you have rights to, it is critical that you seek legal aid as quickly as possible.
"Can I do anything to help my claim move faster or get a bigger settlement?"
Just like any other insurance claim, paperwork, processing and handling take time. This time can make you anxious to get out from under the burden of your workers’ compensation claim. You watch your high medical bills pile up. You lose the sleep you need to help you to heal and recover each night wondering what will happen with your claim. And your family is put under undue stress.
A workers’ compensation claim should not take an unreasonable amount of time to process. Unfortunately, this may be out of your control, and the reality is that many times it does take longer than necessary. One thing you can do to help your claim move faster is to work closely with your workers’ compensation attorney and keep him up-to-date on any details relevant in your case. If you visit the doctor, or if anything changes with your work status, letting your attorney know right away may help get things moving a little bit quicker. You can also have the option to direct any phone calls that you may receive to your attorney. This saves you the hassle of having to take on these phone calls, and allows your attorney to give the best answer to help keep your case moving quickly. Having questions throughout your workers’ compensation case is natural. The situation is new to you, and the outcome of your case is critical to your future. Because of how serious a workers’ compensation claim can be to you and your family, hiring an attorney can help you get through it.