If you have sustained injuries at your workplace, make a workers' compensation claim. To prove your case, the damage must have occurred while you were at the workplace or on a work-related mission. Seek the advice of a workers' compensation attorney before you file your claim. It is crucial that you avoid these four things that could weaken your case.
Filing Too Late
You must file a workers' compensation claim within the required timeline. Otherwise, filing too late may nullify your case. Your attorney will ensure you adhere to the statutory limitations of your case.
Additionally, most policies require the injured party to notify their employer immediately. You can only receive wage loss payments or other benefits once your employer knows of your injuries and files the appropriate paperwork with the workers' compensation insurer.
Many employees tend to fabricate their injuries to strengthen their claims. Doctors will run a few tests during your examination to establish whether your injuries are genuine. If a doctor realizes that you are embellishing your symptoms to strengthen your claim, they will indicate the term "malingerer" in their report. This term means exaggerating injuries. Falsifying or exaggerating injuries and symptoms can devalue or dismiss your case.
Carelessness at Work
You will not receive compensation if your negligent behavior causes an injury or accident. Before you begin the claim process, you should be honest about the cause of the accident.
Your claim will be denied if your injuries resulted from inappropriate behavior with other co-workers, like working while intoxicated. Explain to your attorney the circumstances that led to your injury or accident before you file a claim. Your attorney will advise you whether to drop or proceed with the case.
Failing to Show Employer-Employee Relationship
When making a workers' compensation claim, you must prove there is a relationship between you and your employer. You cannot recover benefits if this relationship doesn't exist. Many jurisdictions require employers to provide workers' compensation benefits for all workers. These benefits extend to full-time, part-time, and occasional workers.
Workers' compensation benefits start on your first day of work or training. You could lose your claim if an employer argues that there is no employer-employee relationship. Therefore, one of the first things that your workers' compensation attorney should prove is that there is an employer-employee relationship.
If you are injured at work, notify your employer and go to the hospital immediately. You should also call your attorney to help you determine the best cause of action. If you weren't negligent and your injuries are work-related, your attorney can help you get the best possible compensation. For more information, contact a workers comp lawyer near you.Share