Workers’ compensation laws are designed to ensure that injured workers are able to receive the appropriate medical care and benefits as a result of a workplace injury. Injuries sustained at work are treated differently under the workers’ compensation system than are personal injuries sustained in a motor vehicle accident. Just because someone has successfully obtained a settlement for a personal injury in the past it is no guarantee that they will have the same success in the workers’ compensation system. Workers’ compensation laws are very different from standard personal injury law. Therefore, it is imperative that injured workers contact a qualified attorney to ensure that they are receiving the maximum benefits that they are entitled to.
It is important to realize that workers’ compensation is a no fault system whereby employees give up their rights to sue employers for workplace injuries in exchange for the employers providing workers’ compensation coverage. Indeed, this system is more than one hundred years old and in place in every state. However, even though the system is no fault, there are many ways in which employers may deny valid claims.
One unique aspect of workers’ compensation is that there may be very stringent reporting requirements. Many states require that an injury be reported to the employer no less than thirty days after that injury occurs. However, these laws vary from state to state and it is best to consult with a lawyer on the reporting requirements in a specific state. A workers comp attorney becker mn will be able to advise of the reporting requirements in this jurisdiction. Reporting requirements are set in stone. If an injured worker fails to report the injury in a timely manner, then their claim will be dismissed as a matter of law no matter how severe the injury or the validity of the underlying claim.
Furthermore, the employer or the workers’ compensation insurer may deny valid claims on the basis that the injury did not occur in the course and scope of employment. This is a legal question that will need to be decided by a judge. Most states have administrative workers’ compensation judges that rule on these cases on a daily basis. There is no right to consul in these cases and the employer or insurance company will often have a skilled attorney representing them in the hearing. In these circumstances it is crucial to have a skilled workers compensation attorney argue the case.
Even if a claim has been accepted it is likely necessary to have an attorney retained to ensure that all appropriate benefits are paid out. Employers and insurance companies will do all that is necessary to avoid paying the maximum amount on claims. It is up to the attorney for the injured worker to ensure that all benefits are appropriately paid out. The attorney should verify that all medical bills are paid, all time off of work has been paid, and that a disability settlement, if warranted by the injury, is paid in full. An injured worker with a skilled attorney is more likely to receive all the compensation that they are owed under the law than a worker that attempts to navigate this complicated process alone.
