Smith & Smith, Workers' Compensation Attorneys
Workers' Compensation laws vary from state to state, but the basic principles are the same in every state. You are not required by law to work with an attorney when filing for Workers' Compensation benefits, but in many cases you will have to fight your employer and your employer's insurance company in order to receive the benefits you are rightfully entitled to. The simple fact that you have an experienced Workers' Compensation attorney on your side can deter the insurance company from trying to cheat you out of your benefits.
The Purpose of Workers' Compensation Laws
Every state has Workers' Compensation laws. The purpose is to ensure that injured workers can get the medical care that they need right away and receive some replacement income for their time off work in a timely fashion without having to take employers to court and prove fault.
Workers' Compensation laws typically protect employers as well. If you are eligible for Workers' Compensation benefits you are usually barred from suing your employer for you injuries.
Workers' Compensation Claims
Workers' Compensation laws require most employers to carry Workers' Compensation insurance to cover their employees. When you file a Workers' Compensation claim, you are filing an insurance claim. You are not suing your employer. It is a no fault system. You are not trying to place blame on your employer for your injuries, and you can file for benefits even is you were at fault.
A Workers' Compensation claim is not the same as a lawsuit, but there is still a process that can become quite lengthy. You should file your claim right away, so you can start getting the benefits you need as soon as possible and avoid losing your right to benefits by missing important deadlines and time limits.
Potential Drawbacks of Workers' Compensation
In most cases, you cannot draw Workers' Compensation can sue your employer. Even so, if you are injured on the job, filing for Workers' Compensation should be one of the first things that you do for yourself and your family. A personal injury lawsuit typically pays much more than Workers' Compensation, if you win, but it takes much longer and it is much harder to win.
However, you may have a third party lawsuit to pursue in addition to your Workers' Compensation benefits. A third party lawsuit is a lawsuit against someone other than your employer who was responsible or shared responsibility for your injuries. For instance, if you were injured by defective machinery, you may have a third party lawsuit against the machinery manufacturer.
Your Workers' Compensation attorney can help you figure out if you need to pursue more than just Workers' Compensation benefits.
If you have been injured on the job and believe you may be eligible for Workers' Compensation, please call Smith & Smith at 1-999-999-9999 or contact us. The initial consultation is free of charge, and if we agree to handle your case, in most cases we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. A Workers' Compensation claim must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.