Construction, Workplace and “On-The-Job” Accidents, Third Party Claims
On-the-job injuries are sometimes difficult for the injured worker to deal with, largely because of the fear of retaliation or of losing their jobs. The thing to remember though is that if an accident is not reported, then you cannot make a legal claim against the employer to recover damages.
If you are concerned about retaliation and job termination for making workman’s compensation claims, most states have laws designed to protect you. If you have any doubts about this, speak to a skilled attorney who will advise you of your rights and protections. In most cases, the companies involved in a workers’ compensation claim situation will not retaliate against you for a claim. If they do, however, you have the option of taking legal action against them.
There are procedures to follow if you have been injured on the job, and the first thing to do is make sure your employer is aware of the accident. You must also notify Workers’ Compensation immediately. If you don’t report the accident to your employer, you may also have a lot of Trouble getting Workers’ Compensation later because, in order to qualify for compensation, the details of the accident need to be documented.
Make sure your employer writes up the report relating to the accident, and that you also get the required forms to fill out for the insurance company and state workers comp. These need to be filled out immediately, not taken home, and returned later. If they are late being filed, you run the risk of being denied coverage and benefits from the insurance company and Workers’ Comp.
There are some instances where an employer will not agree to cover the accident you had on the job. This means you cannot file a separate suit against your employer. These situations are tricky, and each case is different based on its particular set of facts. It is best if you consult with a knowledgeable attorney to find out about your legal rights.
There may be many reasons why an employer won’t cover an on-the-job accident, starting with they may not feel the accident was job-related. In situations like this, demand an arbitration hearing from the Board of Workers Compensation. If for some reason the Board agrees with the employer, you have the right of appeal.
If you have suffered an injury on the job, seek legal help immediately. Workers’ Compensation claims are noted to be quite complex and your attorney will assist you with filing a claim in the proper manner to ensure you receive benefits.
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