Workers’ Compensation
Workers’ compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers’ compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.
Although there is no law which says you need to hire a lawyer, in practical terms it is difficult to handle a workers’ compensation case on your own. With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified attorney is essential. Unless your case is extremely simple, a good lawyer is important to protect your rights. Trying to handle your own case may save you a penny but cost you a pound in the long run.
Hiring a lawyer is critical if:
- The employer denies you were injured on the job
- The carrier has denied benefits
- You cannot get medical treatment
- You are not getting paid
- The adjustor promises benefits or care which never arrives
Most workers’ compensation attorneys work on a contingency basis. That is, if they do not get you money, they do not charge you. In addition, in many situations, the employer/carrier may have to pay any fee or costs.
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