Why Would an Employer Dispute a Workers’ Comp Claim?

Why Would an Employer Dispute a Workers’ Comp Claim?

If you have been injured while you are working, you have certain rights in many states that are provided by workers’ compensation insurance. The injury may be directly related to the work or may be a cumulative trauma such as carpel tunnel syndrome or a disease caused by the occupation such as asbestosis. However, in many cases workers’ comp claims are denied. If you have filed for a workers compensation claim and it is denied you will get a letter that states the reasons that your claim was denied.

There are several common reasons that an employer will dispute or deny a claim for workers compensation. Time is one of the more common reasons that a claim is denied. Many people do not realize that the claim has to be filed immediately, typically within a matter of a few days. The employer must report this claim to their workers’ compensation insurance immediately as well.

Employers will sometimes dispute a claim. One of the reasons that an employer may dispute the claim is that they deny that the accident happened at work. The employer may also dispute that the injury or illness was not caused by the accident. If your employer denies your claim you will need to gather evidence in order to support the claim. This may be in the form of witness accounts, doctor’s statements, or other documentation of how the accident/injury occurred.

Employers will typically look for reasons to deny a claim because of money. Each time a workers’ compensation claim is made, the employer will see a rise in their insurance premiums. Denying claims is a way that they can help decrease the amount that they have to pay for insurance and liability.

Social Security Disability and Legal Help

Social Security Disability and Legal Help

If you are unable to work because of a disability, filing for social security benefits can be stressful. There are many documents that you must fill out in order to be approved and getting approval can take a lot of time. If you are refused disability, getting legal help is the best option. An experienced disability lawyer will be able to look over your claim and help you through the process of being approved for this benefit.

You should never wait to file a disability claim. As soon as you realize that you are not going to be able to work you should file the claim immediately. The reason for this is because these claims can take a very long time to process. Many people will experience financial hardship because they did not realize how long the process can take. Additionally, you do not want your benefits to expire, which can happen if you wait too long to make your claim.

If you feel like you need help with the application process, get it. Many people that file for disability benefits or file for an appeal after being denied benefits do not fill out the paperwork correctly. Some people do not submit the paperwork on time. Missing deadlines or turning in paperwork that is not complete will result in the claim being denied. A representative from the Social Security office, a friend or family member, or a disability lawyer will be able to help you fill out the forms to ensure they are correct the first time around.

If you are in need of social security disability, hiring a lawyer might be the best option. These lawyers have experience in the area and know exactly what is needed in order to get you approved for these benefits in a reasonable amount of time.

Can Your Employer Retaliate on a Workers Compensation Claim?

Can Your Employer Retaliate on a Workers Compensation Claim?

When it comes to workers’ compensation claims, there are many laws in place that help protect both the employer and the employee. Each state will handle reports of discrimination or retaliation after a workers’ comp claim differently. In most states it will be the Labor Department for the state that will manage any type of retaliation claim that is being made against an employer.

Retaliation or discrimination from an employer after a workers’ compensation claim has been made is illegal in most states. There are different ways that an employer may discriminate against someone who has made a claim. Often times this retaliation comes in the form of a demotion of some sort.

If you feel you have been discriminated against or feel your employer may be retaliating against you because of a claim that you have made, you should contact your state’s Labor Department in order to get the appropriate forms to fill out for your claim. You may also want to contact a lawyer to discuss the case against your employer.

In most states, if it is found that retaliation or discrimination did occur, the company will have to pay a fine. The state will typically not award any money to the claimant. If you wish to receive any type of compensation for the discrimination you are going to need to take personal legal action against your company through a lawsuit.

If you truly feel that you have been terminated wrongly or retaliated against in anyway because of a workers’ compensation claim, discussing what has happened with a local attorney is typically the best option. A discrimination lawyer will be able to determine whether or not you can obtain compensation from your claim as they are experienced in this area of the law.

Suing Your Employer for an Injury with the Help of an Attorney

Suing Your Employer for an Injury with the Help of an Attorney

A no fault system was set up as a way to protect both the employer and the employee in regards to accidents related to the workplace. Workers’ compensation programs have been set up in every state. This program was designed to help pay for injuries and illnesses that may occur to an employee while working.

In most cases, the only money that a person will receive from a workplace injury will come from the workers’ compensation insurance. However, there are some cases where you may be able to sue your employer for additional damages. Some reasons that you may be allowed to sue include:

  • If the injury occurred because a product was defective. You could sue using a products liability lawsuit against the company that made the product in some cases.
  • If the injury was caused by a toxic substance you could be able eligible for a toxic tort action against the maker of the substance that was toxic
  • If the injury occurred because of egregious or intentional conduct by the employer a personal injury lawsuit may be in order.
  • If an employer does not have workers’ compensation insurance you may be able to sue in a civil court or be eligible to collect money from a state fund.
  • If the injury was caused by a third party you could be able to sue for personal injury against the 3rd party.
  • Workers’ compensation was designed to provide you with benefits and money if you were injured while working. However, temporary and permanent disability payments are usually low and will not compensate for suffering or pain. Additionally, workers’ comp does not punish the employer for dangerous conditions.

    If you have been injured on the job it is a good idea to contact a lawyer so that you are aware of your rights.

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