How We Can Help with Workers Compensation Lawsuit
How to File for a Workers' Compensation Claim
The first step in the process of filing for a workman's comp claim is to report the injury. You should notify your employer immediately. Most states require employees to report a claim within 30 days. However, it can be longer in some cases or in instances where there are extenuating circumstances.
Once you report the injury, you should receive a form to fill out. Give detailed information about your injuries and include your doctor's recommendations and evaluation. The employer will submit the form to the insurance company and the compensation agency as well. Once you have filed the workman's comp claim, the insurance company will conduct its investigation into your claim. The insurance is supposed to issue feedback in two to four weeks.
If the insurance company approves your workers' compensation claim, you will receive benefits. There are instances when the insurance company may reject your claim. If this happens, you have a right to appeal. It is wise to bring in a lawyer at this point. It is typical for insurance companies to deny claims or to give insufficient payouts. A workers compensation lawyer will look at the merits of your claim and advise you on your options. Strict deadlines bind the appeal process. A good reason why you need to consult with a lawyer immediately.
When to Consider Filing a Workers' Compensation Lawsuit
There are several instances when employees should consider filing a lawsuit as discussed below. There are also particular circumstances when employees can file outside of workers compensation.
When the Insurance Company Delays or Denies the Claim
It is not unusual for insurance companies to deny or delay claims. If this has happened to you, you can benefit from the services of a compensation attorney. The lawyer will fight to ensure that you are adequately compensated for the injuries suffered in the line of duty. The lawyer can also negotiate for a fair settlement with the insurance company.
If the Employer Threatens to Terminate You
There are instances when an employer may threaten the employee with termination if they file a worker's compensation claim. In most cases, the employer is afraid that their premium rates will increase. If this happens to you, then you have reasonable grounds to file a workers' compensation lawsuit, and you should do so without fear. Wrongful termination is illegal, and your lawyer will defend your rights.
If You Suffer Injuries from a Toxic Substance
This type of claim can be handled under worker's compensation or as a personal injury claim. If you suffer an injury as a result of a toxic substance, then you can file a lawsuit against the manufacturer of the product.
If the Injury Is a Result of Intentional Conduct
If you face an injury that was intentionally caused by your employer, you can also file a personal injury lawsuit against them. In most cases, workers compensation does not include punitive damages. For instance, if an employer fails to implement safety standards in unsafe working conditions. A lawsuit will not only pay for the injuries incurred when working under dangerous situations, but the employer will be forced to comply and offer safe working conditions for the other workers.
If Your Employer Does not Offer Worker's Compensation Insurance
In most states, employers are expected and required by law to carry worker's compensation insurance. If they fail to do so, you can file a lawsuit and receive compensation from the state fund.
If the Injury was Caused by a Third Party
You can file outside of workers compensation for injuries caused by third parties, or if a third party is partially to blame for the injury.