This simple guide outlines what a workers compensation lawyer can do if you’ve been injured, fired, denied pay or rights, or otherwise suffered at work.
If you have been injured at work, you may need medical treatment and you may experience frustrations with the slow pace of the worker’s compensation system or with your employer’s insurance company. You may wonder if there is any way to sue your employer for your injuries or if an attorney would be able to negotiate with the worker’s compensation office on your behalf.
What a workers compensation lawyer can do for you
Worker’s compensation was set up in part to avoid cluttering the courts with injury suits. However, there are a few reasons it would be wise to hire a workers compensation lawyer when you have been injured, fired or denied your rights or benefits at work.
They Can Represent You if You are Fired
It is illegal to fire an employee because they have been injured on the job. Unfortunately, there are some employers who do not have much regard for the law. If you were fired because you told your employer or coworkers that you intended to file a claim or if you were let go for filing a complaint, it is grounds for a lawsuit.
If you and your employer have a dispute about your injuries, you will file an application for adjudication with the worker’s comp office. Your employer cannot fire you as retaliation for doing this. If the company you work for takes retaliatory action against you, they will be subject to fines from the worker’s comp office.
Chances are, your employer will not tell you that they are firing you for an illegal reason. They are more likely to look for an excuse to fire you. A workers compensation lawyer can assist you with the necessary research to prove that you were fired because of your injuries or your claim.
Not Getting All the Benefits You’re Entitled To?
If you have never filed a worker’s comp claim before, you likely do not have detailed information about how the system works. You may not be aware of everything you are entitled to when you are injured.
You probably know that all of your medical bills, prescriptions, and alternative treatments should be paid for by your employer’s worker’s compensation insurance. You may even know that your worker’s compensation payments should equal two-thirds of your normal pay.
What you may not know is that the amount of benefits you will receive is dependent upon the severity of your injuries.
You will need a workers compensation lawyer who is experienced in dealing with insurance companies to make sure you are getting the money and benefits you should receive. Insurance companies may try to take advantage of your inexperience by short-changing you or not informing you about certain benefits you deserve.
You Have an Unscrupulous Doctor
One of the problems with filing a workers comp claim is that you will not be able to use your own doctor. You will have to use a physician in your employer’s insurance network. The doctor may tell you that you are ready to go back to work before you are comfortable doing so. If your doctor says you can work, your employer may insist that you come back or lose your job.
A worker’s compensation lawyer in Fresno may be able to help you get an evaluation from another doctor. You should not have to return to work if you feel your injuries are not healed.
Collect evidence a workers compensation lawyer can use
If you want to present your statements as truth, you should not be guided by your emotions, but stick to the facts. It is sometimes thought to be easy to falsify evidence. In this way, the person concerned can also lay additional documents to the real evidence.
However, sooner or later the counterfeits will turn out, which only causes trouble. What is possible, however, is that those affected could ask families, friends and acquaintances for help and ask what other evidence is possible. In addition, relatives can contribute to the compilation themselves. Nevertheless, do not bring untrue evidence into the case.
Documents, tape recordings, photos and the like are common examples for evidence your workers compensation lawyer will find helpful in representing your claim. Evidence collections are best kept in a safe place to avoid losses. There is hardly a better place for text documents than transparent slides, filed in a folder. Other materials belong in a drawer or a box locked up. Any digital evidence should have a copy stored securely in the cloud or a similar depository until your workers compensation lawyer needs to call on it.
In any case, the evidence must be able to be found again and the workers compensation lawyer concerned must be able to have access at any time. Over time, evidence is added. After completing the collection of evidence, the person presents his documents.
Collecting evidence is not difficult. The following 2 points must be considered in order to be taken seriously:
- Don’t think up any statements, don’t fake anything about them
- Keep collected evidence safe until it is presented
Conclusion
Workers’ compensation has been around since the late 1800s. One of the reasons it was created was to make sure employees got treated for injuries without having to sue their employers.
It is harder to sue in a worker’s compensation case than it is in other personal injury cases, but it is not impossible with the help of a workers compensation lawyer. Even if you don’t sue, a workers compensation lawyer can help you get the money you need to get well.
We wish you all the best in making the claim with your employer, whether it is for injury, being fired, or being denied your rights and benefits as an employee. This can be a stressful and troubling process sometimes, so keep strong during it — and we hope the matter is settled quickly and fairly for you — and to your complete satisfaction wit the resulting settlement!
