accident at work

Things To Remember Legally When You Have A Personal Injury At Work

Having a personal injury at work is devastating especially when loss of earnings, pain and suffering, and physical disability can be some of the negative consequences. Because of that, filing a compensation claim can most likely happen. Below are the key things to remember when you have a personal injury at work:

How Does Workers’ Compensation Law Work?

accident at work

  • Workers who are injured at work can make use of the Workers’ Compensation law to recover their medical expenses while they’re recuperating from the injuries. It’s a straightforward process you can take advantage of when you’ve had a personal injury at work
  • However, the process of claiming workers’ compensation is not easy. You still have to follow specific guidelines to determine if you should be entitled to the workers’ compensation claim.
  • Remember that most employers are covered by Workers’ Compensation law to protect their injured employees. That’s why, aside from filing a personal injury claim, you can also recover compensation from Workers’ Compensation law.
  • Take note also that claims filed under the Workers’ Compensation law are a substitute for lawsuits filed in court against the employer. In exchange for not bringing a legal action against the employer, you’ll be compensated for your benefits you’re entitled to under the law.
  • Also, keep in mind that workers’ compensation claims when filed do not intend to establish guilt on the part of the person responsible for your injuries. Regardless of who is at fault, the Workers’ Compensation law provides compensation benefits to employees who are injured at work.

What Are The Injuries Covered By Workers’ Compensation Law?

accident at work

Although you’ve had a personal injury at work, it does not mean that you can simply file a claim to get your benefits. You must prove your eligibility first to recover your worker’s compensation benefits. Below are the types of injuries covered by Workers’ Compensation law:

  • Pre-existing conditions that are aggravated by your working conditions.
  • Injuries sustained during working hours including meal breaks and work-sponsored activities.
  • Injuries caused by your workplace’s facilities.
  • Injuries which are contracted because of exposure to toxins at work as part of your normal working conditions.
  • Injuries brought by increased work responsibilities.

How To File A Workers’ Compensation Claim?

If you’re injured at work, here are the steps to take when filing a workers’ compensation claim:

  1. Inform your employer about the injury: Remember to report your injury to your employer in writing. Also, don’t forget to keep a copy of the report for your personal use.
  2. Fill in the claim form: Once you’ve had a personal injury at work, it’s best if you file your workers’ compensation claim immediately.
    • Make sure that you’ve filled out the claim form completely before submitting it to your employer. Remember to keep a copy with you for your records.
    • Once your claim has been received by the employer, take note that the latter does not have the obligation to give any compensation benefits to you. It is the workers’ compensation insurance company who’ll process your claim form and provide the medical assistance.
    • In seeking your workers’ compensation claim, it’s recommended that you do it fast so that you can fully take advantage of your benefits under the Workers’ Compensation law. Remember that any delay may affect the total amount you’re supposed to receive from the insurance company. That’s why it’s recommended to do the submission as quickly as possible to avoid problems along the way.

What To Do When Workers’ Compensation Claim Has Been Denied?

Although the Workers’ Compensation law provides benefits to employees with personal injury at work, situations can still be problematic, especially when the injuries are severe and when your employer’s workers’ compensation insurance company denied your claim. Below are the things you can consider when worker’s compensation claim was not approved:

  • Contact a licensed attorney: When everything about your workers’ compensation benefits turns out badly, you can try the option of talking to a licensed attorney to help you with your particular case. Make sure that your lawyer knows everything about your issue so that they can provide you with other legal remedies to use in seeking for compensation.
  • Resort to filing a personal injury claim: If your workers’ compensation claim has been denied, you can still be given the opportunity to recover compensation for your injuries by filing a personal injury claim.
  • However, you have to take note that a personal injury claim requires a stricter litigation process since you have to prove your employer’s negligence before you can be entitled to the recovery of the damages.
  • Keep in mind that it can be a costly and time-consuming court proceeding where you have to get the services of an attorney to defend your claim before the jury. But the good thing is when you’re able to prove your employer’s negligence, the latter can be held liable for the damages in your favor.

Whatever legal remedy you’re going to use when you’re injured at work, the important thing is your desire to get what’s supposed to be yours as a result of the injuries. If you think you need to consult a passionate attorney who has experience in the subject matter similar to yours, do it to your advantage.

Disclaimer: This article consists of general information about the legal aspect of having a personal injury at work. It does not, however, serve as actual legal advice regarding the subject matter. If you want to further understand the legal nature of having a personal injury at work, do speak to a qualified attorney in your location now.

 

About the Author

Adeline Robinson

Adeline Robinson is one of most promising young law writers. She writes pieces on law topics for common readers. She is an avid sports fan and loves watching games if she has free time.

 

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