I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.
Workers compensation laws are an important part of ensuring workers are protected in the event that they suffer a workplace injury. Unfortunately, far too many workers are either misinformed or simply lack adequate knowledge regarding these laws. Therefore, many of these workers will ultimately fail to get the benefits they are entitled to after suffering an injury on the job. Taking the time to review the facts below can help to prevent this from happening to.
Nearly All Employers Are Required To Offer Worker Compensation Coverage
While workers comp laws will vary from state to state, most jurisdictions have very strict laws regarding which employers must carry workers compensation coverage. For instance, in the State of North Carolina, companies that employ more than three people, require an employee to work with radiation, or employ more than ten non-seasonal agricultural workers will need to carry workers compensation coverage. Other states have similar statutes that require virtually all companies that employ more than three workers on a regular basis to maintain workers compensation coverage.
If your employer does not have the workers compensation coverage that the law demands, you may be able to file a lawsuit against the company directly in order to ensure you are compensated for any on the job injuries. Your employer may also face hefty fines and other consequences as a result of their failure to abide by workers comp laws.
Your Employer Must Report Your Injuries To Their Insurance Company Or Workers Comp Department
Once you inform your employer of the fact that you were injured on the job, your employer will be required by law to complete an accident report detailing your injuries and to supply this report to either their insurance carrier or their workers compensation department if they have chosen to self-insure.
Unfortunately, far too many employers will convince workers that they cannot pass along their accident report because they waited too long to report an injury or because their is no evidence that their injury was suffered on the job. If your employer is refusing to take action regarding your workplace injury, this information should be immediately passed on to a qualified workers compensation attorney. With the help of a reputable attorney, you will be able to ensure that your case is heard by the appropriate party.
You Cannot Forfeit Your Right To Counsel
Many people mistakenly assume that they have forfeited their right to hire a workers compensation attorney by filing a claim directly with their employer rather than seeking out an attorney right away. However, the truth is, as long as you have not accepted a settlement for your injuries, you still have the right to seek legal counsel. In fact, this right is even extended to individuals who have already had their initial claim denied. Therefore, if at any point during your case you change your mind about needing an attorney to represent you, do not be afraid to inform your employer of your intentions to seek counsel before making any further decisions regarding your claim.
For more information, contact The Law Offices of Gregg Durlofsky or a similar firm.Share