Workers' Compensation:
It is not unknown for employees to suffer injury, harm, disability, and even death during their course of work. In the past, this situation could result in the employer being sued and facing the possibility of bankruptcy. However, most states now require employers to have insurance known as workers’ compensation to protect employees. This insurance enables employees to claim for disability, harm or injury caused at work, and also enables the employees to protect themselves from bankruptcy through lawsuits filed as a result of the injuries sustained by the employee.
Workers’ compensation applies in most cases whether or not the injury was sustained through the negligence of the employer. However, there are some exclusions to the policy, and you may not be eligible to receive workers’ compensation benefits under the following circumstances:
- Injuries sustained because an employee was intoxicated or on illegal drugs
- Injuries that were self inflicted or caused by a fight that was started by the employee
- Injuries sustained during the process of a serious crime
- Injuries sustained when the employee was not actually working
- Injuries sustained through the misconduct or inappropriate behavior of the employee
There are many illnesses, injuries, and disorders that could result in a workers’ compensation payout. This could include disability and injury due to a fall or accident, but can also include stress-related illness, and any other injury caused by your work or working conditions. It is important to check whether you are covered for workers’ compensation, and if there are exclusions with regards to who is covered. Those often not covered include:
- Casual and volunteer workers
- Business owners and contractors
- Railroad employees
- Farm workers
- Maritime workers
- Domestic staff working in private homes
By and large, workers’ compensation rules out the need to employ legal services in the case of injury or harm sustained at work providing the process runs smoothly. However, like all other types of insurance, the insurer is not going to be ecstatic about having to make a payout, and will look into all the facts and circumstances in order to see whether there is any reason to not make a payout. Sometimes, the insurer may decide to deny a payout of workers’ compensation to an employee based on something with which the employee disagrees, and this is where you may need the services of a workers’ compensation lawyer.
A workers’ compensation lawyer can help you to appeal against the decision not to payout any workers’ compensation, depending on the reason why the compensation was denied. If you wish to appeal against the decision to deny workers’ compensation, it is advisable to go through a fully qualified and experienced workers’ compensation lawyer. These legal experts will have the knowledge and the experience to deal with your case and maximize your chances of getting the decision reversed. An experienced workers’ compensation lawyer will know the compensation system inside out, and can therefore use his or her knowledge and experience to help you get compensation for your injury or illness.
There are various legal options open to those denied workers’ compensation, and an experienced lawyer will advise you whether you have grounds to dispute the insurer’s decision. You may not have to pay an upfront fee for the services of a workers’ compensation lawyer, as in many cases it works on a contingency basis, which means that the law firm receives a percentage of any payout you receive in the form of compensation resulting from their management and representation. If you feel that you have been unfairly denied workers’ compensation, you should seek legal advice immediately to determine whether you may have grounds to file an appeal.
By going to a law firm that operates on a contingency fee basis, you have nothing to lose by seeking advice. You can discuss your case with the lawyer, who will gather all of the necessary information and then determine whether you have grounds to make an appeal. Most experienced workers’ compensation lawyers can ascertain this quite quickly based on the information you provide to them, so it shouldn’t take long to find out whether you have a case or not.
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