Why Should You Get a Workers’ Compensation Lawyer

Although Workers’ Compensation in Missouri is set up to protect workers and allow them some compensation for medical costs and lost wages, it isn’t always easy to obtain what you’re entitled to.

If you’re injured on the job in Missouri, you’re entitled to:

· Medical expenses – your employer should authorize treatment for your injuries

· Temporary total disability (TTD) – you should receive weekly benefits of two-thirds of your wages if you’re unable to work

· Permanent total disability (PTD) – you’re entitled to weekly benefits as long as you live

· Permanent partial disability (PPD) – you’re entitled to benefits if you’re no longer able to perform necessary physical tasks

Not all employers are happy to cooperate and do their part for you to receive these benefits. And not all insurance companies are glad to make benefit payments.

Some situations where a lawyer is enormously helpful

1. Ensuring that you meet all deadlines in filing paperwork, or responding

2. Ensuring that you don’t sign any documents which deprive you of any of your rights

3. Defending you if your employer wrongly claims that the injury didn’t occur while you were “on the job”. Perhaps you were traveling for company business. Maybe you were working at home for your employer. There are situations where a lawyer working against you can make it seem as if you’re not entitled to Workers’ Compensation benefits. You need your own Missouri Workers’ Compensation attorney to protect you.

4. Supporting you if your employer is reluctant to authorize medical treatment. Perhaps your employer is stating that you’re exaggerating your injury. Having your own Missouri Workers’ Compensation attorney will straighten out that tangle, by bringing in medical experts who can testify on your behalf.

5. Defending you if your employer tries to retaliate against you for asserting your Workers’ Compensation rights. Perhaps you find yourself demoted after a while, or even fired for some strange-sounding reason. Perhaps you’re denied a promotion that was previously promised. In these kinds of situations, you need legal help to prevent retaliation.

6. Filing a lawsuit for you if there was another party responsible for your injury besides your employer. Even if the Workers’ Compensation aspect goes as it should with your employer, there may not be enough compensation from that source to cover your medical costs and lost wages. If another party was negligent in contributing to your injury, you could potentially file a claim against them and obtain more redress than just Workers’ Compensation.

Workers’ Compensation In California

The concept behind modern workers’ compensation laws, that employers should provide for their employees in the event of injury, can be traced as far back as ancient Babylon where both employers and slave masters were required by law to pay for their workers’ medical care in the event of illness or injury.

The modern concept of workers’ compensation developed during the Industrial Revolution in Europe in the 19th century. The concept crossed the Atlantic, and today, every State and territory has such laws in place, including the Federal government.

Before the enactment of California’s workers’ compensation laws, injured workers were required to file common civil law suits against their employers in order to recover damages to pay for economic losses and medical treatment. Injured workers had the burden of proving their employer’s fault, and employers were allowed to raise normal civil defenses such as contributory negligence of the worker, assumption of risk by the worker, and fellow-servant causation.

If the worker failed to prove that the employer caused the injury, the worker recovered nothing. If the employer could prove that the worker’s own negligence or that the actions of a fellow employee caused the injury, the worker recovered nothing. Or, if the employer could prove that the worker understood and assumed the risks involved in the job, and the worker was injured as a result of these dangers, the worker recovered nothing.

California’s workers’ compensation laws were first developed in the early 1900′s and were codified by the Boynton Act of 1913. Although there have been many amendments and reforms to these laws over the years, the basic principles have remained the same – that California workers are entitled to medical treatment and compensation payments for industrial injuries.

Today, California’s workers’ compensation system is a “no-fault” system of recovery. Instead of having the burden of proving the fault of your employer in causing your injury, now you simply have to show that your injury arose out of and occurred during the course of your employment in order to present a legitimate claim. In turn, your employer can no longer assert the defenses of contributory negligence, assumption of risk, or the fellow-servant doctrine.

DISCLAIMER: Please keep in mind that this article is intended for informational purposes only and does not constitute legal advice. You are expressly advised to seek legal counsel if you have questions about your particular workers’ compensation claim.

How Do I Claim Workers Compensation?

If you are looking to make a workers compensation claim, you need to know how to file it. There is a lot that goes into filing a claim and you want to make sure that you do it right so that your claim doesn’t get denied or so that your claim doesn’t drag out forever. It is really crucial to make sure that you are doing this correctly so that everything works well for you and so that it happens when you need it to instead of dragging out.

Get Medical Treatment

The first thing that you need to do when you are hurt on the job is that you need to get medical treatment so that you are able to make your workers compensation claim. If you don’t get medical treatment you aren’t going to have the ability to make a claim because in the eyes of the employer, who is also the policy holder, you aren’t going to have any genuine reason to make a claim. You have to have a good solid reason to make a claim and the medical treatment is what you are going to need to start that.

Get Proper Documentation

The next thing that you need to do is to make sure that you have all the relevant documentation so that you can back up the reasons that you are making a workers compensation claim. You will find that without documentation you aren’t going to be able to make the claim. You want to ask a doctor for a note, medical records, or whatever else it is that you may need. Make sure that you have everything you need to fill out the paperwork and make the claim.

File the Paperwork Needed

After you have gathered everything that you need, you want to be sure that you are filing the paperwork for your workers compensation. It is a great idea to sit down and do these all at once, get help filling it out if you need to. Make sure that you are taking the time to fill everything out properly and get it done so that it is right and you don’t have to redo your workers compensation claim.

Prepare for Interviews and Investigations

There are many workers compensation claims that you have to prepare to do investigations and interviews. They generally don’t just hand out workers compensation claims without doing a pretty hefty investigation because generally it means that they are handing out some cash. You want to make sure that you are on top of the process. Getting the best information and being prepared is really important so that you get workers compensation claim processed sooner.

If you are making a claim, there are many steps to getting it done. You want to make sure that you are on top of the claims process and what you have to do to take a look at the options for your compensation claim. Make sure that you looking to see what you can do to get your claim filed and in.

New York Workers Compensation Lawsuits

According to the US Bureau of Labor Statistics, more than 4 million workers received injuries on the job during 2005 and 5,700 workers lose their lives from work-related accidents and injuries.

New York City’s (NYC) no-fault worker’s compensation program provides for financial protection to workers who get hurt on the job and also, provides them appropriate medical attention.

New York State laws require employers to buy insurance that will provide compensation benefits to their employees in case of an injury on the job. This insurance covers required medical care expenses and recovers lost wages. It provides medical treatment facilities but, if you are about to file an injury claim, then the process can be quite tedious. Most injury cases are handled by a third party insurer (that excludes the State) that will try its best to devoid you of injury claim.

If your injury claim is denied, reduced or terminated, then you are allowed to have a hearing before a law judge. The other side will also hire a strong defense attorney to try their best to make your injury claim amount void and if you are faced with a similar situation, then you must get in touch with your workers compensation lawyer to help you get justice and compensation from the negligent party involved.

Workers injury compensation claim covers several injuries, which includes carpal tunnel syndrome, back problems, stress-related problems, mental health issues, heart attacks, illnesses or strokes that could have resulted from inferior safety and health facilities at your workplace. It can include post-traumatic stress disorders and other injuries that the victim has suffered on the job.

If you are employed by a covered NY employer then you can avail the benefits of workers compensation and it should be your top priority to insure the safety of the employees; your employer should provide its employer with adequate medical aid and attention in case of an accident at the workplace. You would be eligible for workers compensation irrespective of the fact if you work full-time, part-time, temporary or are working as any other undocumented worker.

If you have ever been a victim of personal injury due to negligence of your employer within the New York City, then you can consult a New York workers compensation law firms. Your workers compensation attorneys will help you receive workers compensation benefits like Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability and other programs.

Most of the workers compensation lawyers work on contingency basis. Therefore, you don’t have to spend anything before contacting a workers compensation law firm in New York City (NYC).