Worker's Compensation Claims

Workers’ Compensation is a specific type of insurance coverage that employers with more than five full-time employees are required to carry. It ensures that if a worker is injured on the job, the employer will have the means to pay for medical expenses and other damages. In most instances, an employee is not able to sue their employer if they carry workers’ compensation coverage. The process to receive workers’ compensation is often complex and also not enough to cover a worker’s damages and injuries.

While most people can go through the initial process of filling out the workers’ compensation claim, if it is denied, things get difficult. The appeals process can be drawn out and very stressful, which is why having an attorney to walk you through the process is so critical to get all that you are entitled to.

What Kind of Evidence is Needed to Prove a Workers’ Compensation Claim?

The key factor to proving your case rests in your ability to show that it not only happened while you were at work but also that you were injured while engaged in work-related activities. Although that might sound easy, often workers are challenged on their claims and can not supply the documentation that they need to prove their case.

That is why it is always beneficial to have a lawyer on your side. Everything from photos to videos of where the accident took place are necessary. Also, getting eyewitness accounts of anyone who was there and can verify that you were injured can aid in your case.

If your workers’ compensation case is denied, then you have other options, but they really will not be an option if you don’t have a skilled attorney to defend your best interests. The options often vary according to state, but most victims, they can choose to:

  • Appeal the Case
  • File a Third-Party Injury Lawsuit
  • Accept the Decision and Receive Nothing

Although being denied workers’ compensation might seem like the end of the road, often it is just the beginning. With the right attorney on your side, you can explore other ways to get the compensation you need and deserve.

Depending on what the laws of your state dictate, a lawyer may or may not be required to represent you at your state workers’ compensation meeting. If you are in a state where representation is not required, it is still the wisest decision.
There are a number of benefits that you might be entitled to due to state laws, they include:
  • Temporary partial disability benefits
  • Permanent total disability benefits
  • Permanent total disability benefits
  • Medical benefits
  • Vocational rehabilitation benefits
  • Wage reimbursement benefits
There are a multitude of injuries that can happen in the workplace, but some common injuries that workers suffer from are:
  • Chemicals or toxic substances at the worksite
  • Repetitive motion injuries
  • Asbestos Exposure
  • Back injury
The goal is a workers’ compensation attorney is to act as a representative against either the employer or the insurance company and help by:
  • Taking depositions of medical experts, the claimant, physicians, and any third-party witness
  • Gather medical records and evidence
  • Perform legal searches
  • Conduct discovery
  • Remain current with changes in the workers’ compensation laws
  • Litigating before a judge
  • Drafting findings of fact, briefs, opinions, pleadings, and other legal documents
Depending on the particulars of your situation, you might be entitled to compensation for:
  • Medical bills
  • Lost wages
  • Vocational training
  • Mental and emotional harm
  • Rehabilitation
  • Death benefits
Even if your employer has coverage, a workers’ compensation lawyer can help fight to get all that you are entitled to by:
  • Explaining the state laws and the benefits that you are eligible for
  • Gathering documentation related to the accident like medical records and eyewitness accounts
  • Explaining the law regarding how benefits are calculated and paid out
  • Taking depositions of medical professionals and providing proof that your disability is directly related to your work injury
  • Ensuring that your medical expenses are paid, and potentially securing money for future treatment
  • Ensuring that your family is taken care of financially
  • Negotiating with insurance companies for a fair settlement and making sure that you get all that you are entitled to, to cover medical expenses, lost wages, and any minimized earning capacity
When a worker suffers a fatal injury or illness that is work-related, their dependents are eligible to collect. Family members who are eligible have to meet the following criteria by being:
  • Married to the deceased worker
  • A child under 18
  • Any child under the age of 23 who is still enrolled at an accredited school
  • Any child who is incapable of dependence due to disability
  • Any other dependent who has been relying on the deceased worker for financial support for three months or more prior to the injury.

Contact Chip Havemann today to get the process started!

If you were injured while on the job and are confused about the workers’ compensation laws, your claim has been denied, or you aren’t sure if you are eligible to receive workers’ compensation, we can help. We know how to navigate workers’ compensation claims to ensure that you get ALL that you are entitled to.

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