22 Apr When Are Injuries Sufficient To Qualify For Workers Compensation?
Getting an injury that prevents you from effectively working and earning a living is not something that anyone wishes for. Despite this, when you get an injury that prevents you from work, you can effectively make use of the workers’ compensation claim to get treatment from your employer.
Depending on the side of the table you are on, workers compensation claims can be good or bad. If you are the employer, it can be a heavy expense to have to provide for workers’ compensation after an injury is sustained.
In order to protect employers from spurious claims and workers that would try to manipulate the system, there are some requirements that have to be established by a worker before he can be qualified to get a compensation claim. Some of them would be discussed in detail below.
Your Injury Has To Be Caused By Work
If you get a direct injury while working for your employer, then the case is quite straightforward and your claim would be largely successful. The controversial areas are when you sustain injury while travelling on company business, when moving to and from work or when alcohol or drugs are involved in the injury.
It is due to controversial areas like this that the services of a workers’ compensation lawyer is indispensable in helping you get a successful compensation claim. Another tricky area is when the accident aggravates a pre-existing condition. Under normal circumstances, your compensation claim should be largely successful.
Medical Expenses Have Been Incurred In Relation To the Injury
If the medical treatment of the injury is one that incurs quite many costs, then the compensation claim would be a larger one. The most important thing is that you receive medical attention at the appropriate time to prevent a worsening of the problem.
Your Inability to Find Another Job
The size of your compensation depends on your further ability to work. After medical examination, the examiners could conclude that your condition precludes you from continuing in your previous role. However, you could do less rigorous tasks for your employer. If the change in job results in lower pay, the workers’ compensation can make up the difference. If you were unable to work at all, you would get full workers compensation.
You Have To Prove Your Case
When it comes to workers compensation claims, the burden of proof is on you. This essentially means that the party on whose shoulders rests the responsibility of establishing the above conditions is the worker. This is why you need the services of an experienced workers’ compensation attorney to aid you in establishing your case before the court. If you try to do this alone, you are prone to make some mistakes that would hurt your worker’s compensation claim. Also, considering the fact that your employer and its insurance company would have a lawyer on their side, it would be best for you to also have a lawyer to even out the odds.