Each state lays out its own workers’ compensation laws that employers within the state are required to follow.
These laws address how employees should be compensated if they are injured on the job. The laws vary from state to state and can be quite difficult to understand, so you will more than likely need the legal counsel of a Findlay workers’ compensation lawyer during your case.
Contrary to popular belief, a workers’ compensation claim is merely a request for benefits, not a lawsuit against an employer. If you have been injured on the job and are considering filing a claim, continue reading to learn more about workers’ compensation laws before consulting with an experienced personal injury attorney.
Workers’ Compensation in Findlay
Workers’ compensation provides employees with the financial assistance they need in the event they are injured at work. On-the-job injuries can be debilitating, and they often result in astronomical medical bills, so it is only fair that a worker is compensated for their pain and suffering.
Workers’ compensation also serves to protect employers from lawsuits, and if an employee is given workers’ compensation benefits, they will not need to file a private suit. Most states also have laws that limit the amount of financial compensation an employee can receive.
Injuries That Are Not Covered by Law
As any Findlay workers’ compensation lawyer will say, there are some injuries that are not covered under the law. The following types of injuries will more than likely not be covered under the workers’ compensation laws in a given state
- Preexisting conditions (even if they are aggravated by the conditions of a workplace)
- Self-inflicted injuries
- Injuries caused while an employee is under the influence of drugs or alcohol
- Mental illnesses and injuries caused by workplace stress
- Injuries that occur during breaks and outside normal work hours
- Illnesses caused by exposure to toxins in the workplace
If an employee is injured by malfunctioning equipment or defective products, workers’ compensation laws may not allow the injured employee to collect compensation from their employer.
More than likely, they will need to file a separate suit against the maker of the equipment or defective product to receive compensation.
Filing a Claim
In most states, employers are required to immediately offer a claim form once they learn of an injury. If someone is injured, they should complete this form as thoroughly and as quickly as possible – the faster someone returns the form, the greater their chances of receiving compensation.
Be sure to keep a copy of the completed form, and to provide as much detail about the accident as possible.
Unfortunately, there will be times when an employer disagrees with the claim of an employee. If this occurs, the employer does have the right to challenge the claim to benefits.
If this happens, hiring a Findlay workers’ compensation lawyer will be in the injured party’s best interest. If they attempt to take their employer on without the aid of an attorney, there is a strong possibility that the person will not receive the benefits they are entitled to.
How a Findlay Workers’ Compensation Attorney Can Help
Here at our law firm, we realize that workers’ compensation claims can be complicated, especially when they are challenged by employers.
If your claim is challenged, a Findlay workers’ compensation lawyer from our firm can help you obtain the financial compensation you deserve. Contact us today to discuss your case with a legal professional.