Workers’ Comp: Claims and Benefits
To apply for a Workers’ Comp claim you will have to establish that the injury was within the scope of employment. Otherwise you may not be able to file for a Workers’ Comp claim. Generally, if your injury was sustained while within the scope of employment, your lawyer and doctor will work together to make a determination regarding the benefits you deserve.
Your Workers’ Comp lawyer will generally negotiate with the insurance adjuster for the employer’s insurance company regarding your missed pay or wages, as well as any percentage impairment you’re entitled to receive. Keep in mind that if you have a Workers’ Comp claim you can’t also pursue a personal injury claim against the employer for the same incident. You do not however, have to prove negligence in order to file a Workers’ Comp claim.
Workers’ Comp Denied?
There are many reasons that your Workers’ Comp claim can be denied. Perhaps your injury was not being within the scope of employment, you perhaps you failed to file within the required amount of time. Additionally, a Workers’ Comp claim or the value of the claim, can be compromised if you failed to seek proper medical treatment for your injury.
If your claim is denied, you can appeal the denial of your claim. The denial letter should provide a certain amount of days by which you need to appeal, otherwise your right to appeal will be lost. You will be asked to provide any medical or employment documentation of your injury in your appeal. If you do decide to appeal it is an arduous process best undertaken by an attorney who can adequately assist you in protecting your rights.
Returning To Work Early
Your doctor will be the voice of reason when it comes to returning to work. While youyou’re your lawyer will maintain contact with the employer or their insurance adjuster during your absence, it is not unusually to return to “light duty” work assignments as you heal from your injury.
Employers are allowed to replace injured workers, however, and you should be prepared that you may lose your position due to extensive time away from the job. If you return to work with another employer, keep in mind that may have ramifications on your Workers’ Comp claim—your lawyer should be consulted before you engage in employment with another employer.
Components of A Settlement
Workers’ Comp covers wage loss benefits and medical expenses, but to the surprise of most clients, it does not provide for pain and suffering. You also cannot sue for cause of disability or cause of injury within your Workers’ Comp claim. Future earning capacity should be addressed in your claim, and these benefits are calculated in a similar manner to your permanent or partial disability benefits.
What Your Attorney Can Do For You
Your attorney can help you determine the value of your Workers’ Comp claim as well as file the claim, manage it on your behalf, and negotiate your best result. Your attorney will fight to help you receive the benefits you deserve. Your Workers’ Comp attorney will also help to ensure that your claim and you are both taken care of in the most efficient and caring way.
Call A Workers’ Comp Lawyer Today
If you or someone you love has been injured on the job, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help refer you to another trusted lawyer or law firm that can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.