There are laws in place to protect workers who have been injured on the job. These workers’ compensation laws help protect both workers and their employers in case of a workplace accident. Every state except for Texas requires the majority of businesses to carry workers’ compensation insurance.
Ideally, workers’ compensation is supposed to simplify the claims process and be an easy way for employees to recover compensation after a workplace accident. However, anytime that an insurance company is involved, things are unlikely to be that simple.
Why Workers’ Compensation Laws Exist
Workers’ compensation laws were created to provide workers with a straightforward process for receiving financial support after an accident. Additionally, they protect employers from lawsuits which could otherwise range from a constant headache to a devastating blow for the business depending on its size and services.
Another benefit of workers’ compensation laws is that they help reduce the strain of civil lawsuits on the court system. Without workers’ compensation insurance, employees would be forced to bring a lawsuit against their employer every time there was a workplace injury for which financial compensation was required.
Workers’ compensation provides relief for everyone, which is why nearly every state has adopted mandatory workers’ compensation laws.
What to Do After an Accident
To ensure that you receive the compensation to which you are entitled, it is critical that you follow the proper procedure after a workplace injury. If you get injured on the job, you should report it to your supervisor as soon as possible.
While the statute of limitations for filing a workers’ compensation claim is measured in years, failing to report the injury to your employer within 90 days can negate your right to claim compensation. You do not have to make your report in writing. However, sending an email can create a “paper” trail and provide you with proof that you did, in fact, report your injury on time.
After reporting your injury, you should seek medical attention. Your employer will give you a list of approved doctors. You also have the right to seek a second opinion. Of course, if your injury is severe, you will skip all previous steps and be taken straight to the nearest emergency room by ambulance.
Your employer will guide you through the claims process and provide you with any paperwork you need to fill out. They will then submit your claim for workers’ compensation. This claim will then either be approved or denied by the workers’ compensation insurance provider.
When You Can File a Lawsuit
While workers’ compensation is generally your only path to financial restitution after a workplace accident, there are exceptions. If your employer acted in a manner where they intentionally caused you harm, you can file a personal injury lawsuit against them.
Alternatively, if a third party was liable for your injury rather than your employer, you can file a personal injury lawsuit against them instead. Examples include if you were injured by a defective product or hit by a car while on the job.
If your injuries are severe, this might be a better option for your situation. The damages for which you are eligible in a workers’ compensation claim are much more limited than in a personal injury lawsuit.
How a Mount Pleasant Workers’ Compensation Attorney Can Help You Build a Strong Case
A workers’ compensation attorney can greatly increase the chances of approval for your claim. While the initial claims process is generally fairly straightforward, you are still dealing with an insurance company. These companies hate to pay out any money and generally look for any reason they can possibly find to deny workers’ compensation claims.
You will likely be able to file the initial claim on your own. However, if it gets denied, a workers’ compensation lawyer can give you a much better chance of success on appeal. Additionally, by hiring a lawyer from the start, the insurance company is more likely to approve your claim, even if nothing is done differently.
Hiring a workers’ compensation attorney in Mount Pleasant shows the insurance company that you are serious about recovering compensation, and they will be far more likely to approve your claim from the start to avoid fighting you on appeal.
Your workers’ compensation lawyer can also advise you on whether you would be better served by filing a lawsuit against a third party. If so, they will take over the process and fight for your right to fair compensation.
Finding an Experienced Workers’ Compensation Lawyer in Mount Pleasant
An experienced Mount Pleasant workers’ compensation lawyer can help assure that you get the money you need to get back on your feet after a workplace injury. It is crucial to find an attorney that you trust to handle your case. Do your research and take advantage of any free consultations offered by law firms to make sure you are a good match.
The law firm of Miller, Dawson, Sigal & Ward Injury Attorneys has a proven track record of helping injured workers get the money they need after an accident. Give us a call or fill out our contact form to schedule a free case evaluation today.
Contact Us Today for a Free Consultation
We will be happy to answer any questions you may have, review the specifics of your case, and offer you advice. There is no obligation to retain our services after your consultation. That means you can talk to us risk-free. We believe everyone deserves the right to experienced legal counsel after an injury.