Sustaining an injury at work can be an extremely unpleasant
experience, and it can be very difficult to make ends meet after that. However,
you are entitled to receive workers' compensation benefits.
Regrettably, even when a claim is legitimate, employers or
their insurance companies frequently reject workers' compensation claims,
forcing injured workers to navigate a problematic appeals process.
This brings us to the question: What components are
necessary for a workers' compensation claim to be successful?
Read this article further to learn more about the essential
elements of a successful workers' compensation claim. Having said that, it is
always wise to hire workers' compensation attorneys instead of going through
the complex processes on your own.
File Before the Expiration of the Statute of Limitations
Ensuring that your claim is submitted within the statute of limitations is crucial. You should be aware of a few deadlines for your
claim.
You must first notify your employer after a diagnosis of a
disease or injury related to your job or within ninety days following a
work-related accident. You must submit your application for arbitration within
two years of your diagnosis or occurrence if your claim has been rejected
immediately after filing.
Prove Your Employee Status
The workers' compensation system aims to safeguard employees
who sustain injuries at work. It does not cover non-employees, such as
volunteers and independent contractors.
But being referred to as an independent contractor does not
automatically make you one. In most cases, the degree of influence an employee
has over their work determines whether they are legally considered independent
contractors or employees, regardless of their title or tax classification.
Prove Your Injury is Work-Related
You must prove that your sickness or injury is
"work-related" to be eligible for workers' compensation benefits.
If you performed a task for your company and were injured or
fell ill, the injury is usually considered work-related. The injury must occur
while employed, even if it does not happen at the workplace.
Your Employer Should Have Workers' Compensation Insurance
State law mandates that most employers have workers'
compensation insurance, while several exclusions exist.
For instance, in certain states, extremely small-sized
employers (those with two to five employees, depending on the state) are exempt
from providing workers' compensation insurance.
You may bring a personal injury case against your employer
in civil court if you are hurt at work and they do not carry workers'
compensation insurance, even if this is required by state law.
Coverage of Your Job Under the Insurance
State workers' compensation insurance does not protect
certain workers or exempt them from it. Employment classifications differ from
state to state: real estate agents, cab drivers, a few agricultural workers,
domestic workers, etc.
Contact a Workers' Comp Lawyer
Hire a workers' compensation lawyer with experience to
defend you if your claim is rejected. Handling a workers' compensation claim
without legal assistance is not a good idea because it can be complicated.
Also, having to meet legal deadlines while recovering from injuries is pretty
difficult. An experienced workers’ compensation lawyer is the answer to all
this.
