Each state is responsible for laying out its own unique set of workers’ compensation laws for businesses to follow. These laws address the issues that might arise if an employee is harmed at work. Since the laws vary from state to state and can be very difficult to comprehend, you will more than likely need the assistance of a Swanton workers’ compensation lawyer.
Contrary to mainstream opinion, when an injured employee files a workers’ compensation claim, they are merely requesting benefits, not filing a lawsuit. Despite your request, your employer does have a right to dispute your claim. If this occurs, an experienced personal injury lawyer can help you take action.
Workers’ Compensation’s Purpose
Workers’ compensation serves as a safety net for employees, helping to provide financial assistance after a serious on-the-job injury. When a worker is injured at work, they may face enormous hospital bills and other living expenses, which can be difficult to pay if they cannot return to work. Conversely, workers’ compensation laws also provide a high degree of protection to employers. If a company provides an injured worker with benefits, more than likely, they will not need to file a lawsuit. Depending on the state a worker resides in, there may also be laws in place to limit the amount of money an individual can receive from workers’ compensation.
Workers’ Compensation Law Exclusions
Of course, there are injuries that a Swanton workers’ compensation lawyer will not be able to hold an employer responsible for. If any of the conditions or factors listed below apply to the injured party, they may not be able to receive compensation:
- Pre-existing conditions (even if the work environment made the condition worse)
- Injuries that are sustained outside of working hours
- Injuries caused by employee intoxication or horseplay
- Stress-related mental issues
- Illnesses and injuries caused by toxins from the workplace environment
Workers’ compensation may not be given to employees who are harmed by malfunctioning or poorly inspected work equipment. If an employee is injured in this manner, a Swanton workers’ compensation lawyer may recommend taking action against the equipment manufacturer.
Handling Work Injuries
Employers are required by law to provide employees with a workers’ compensation claim form immediately after the accident. Once employees receive this form, it would be in their best interest to fill out it quickly and thoroughly.The sooner the claim is completed and processed, the sooner employees will know whether they will need a Swanton workers’ compensation lawyer to fight for them.
An employer may not agree with the timeline or interpretation of events. When this occurs, the company an employee works for does have the right to dispute the claim in court. The employer will more than likely have far more resources on their side than the employee will, and if the employee does not have an attorney to defend them, they may not obtain the compensation they seek. If the claim is denied, employees should consider filing a suit as soon as possible.