Workers' Compensation Claims
Workers' compensation is a form of insurance that is used by employers
to pay out medical expenses, lost wages, and other benefits after a worker
has been injured as a result of a
workplace accident. When a worker is injured, they usually must file a claim for worker's
compensation within 30 days of the injury or the illness becoming known
to the worker.
Are you seeking to file for workers' compensation?
Generally, the lesser the amount of compensation an employer has to pay,
the better for the employer. This is why workers' compensation claims,
although they should be simple procedures, often turn out to be longwinded
affairs, involving the help and experience of lawyers acting on the employee's
behalf. Although most minor accidents may result in a quick payment of
compensation to the worker, serious accidents may have employers denying
or delaying claims.
Worker's compensation is no-fault claim, which means the worker has
a right to compensation without the need for proving employer negligence.
However, employers may use other loopholes to deny compensation. For instance,
if there were no witnesses to an accident, then an employer may use this
as a reason to deny the veracity of the claim. Certain injuries like repetitive
stress injury may not be entirely verifiable as occurring due to
workplace hazards, even with X-rays and tests. Employers can use this as a reason to deny
or delay compensation. The bottom-line is this: workers' compensation
laws tend to favor the worker over the employer, but employers may still
try to find loopholes.
Seek the Help of a Skilled Injury Attorney
In a situation like this, it is advisable to get a personal injury lawyer
involved in the process to protect your rights. An attorney can help evaluate
your situation to determine the best way to obtain full and fair compensation;
for many workplace injury victims, they may have grounds to pursue a third
party personal injury claim. If you are looking for skilled legal representation
that you can trust, do not hesitate to turn to Arnold & Itkin today.
About Social Security Disability
In case of an injury causing a disability, a worker can apply for
Social Security Disability benefits. This can be done at the same time as you apply for workers'
compensation. That's because Social Security Disability Insurance
is a federal funded program, while workers' compensation may differ
from state to state. Social security benefits can be paid out for the
lifetime of the person, unlike workers' compensation packages that
come with limited time benefits.
To qualify for Social Security Disability benefits, a worker:
- Must have a physical and/or mental impairment
- Must be able to prove that the disability has lasted 12 months, or is expected
to last for that long
- Must be unable to work, or to earn more than $900 a month even if he works,
as a result of the impairment.
Before settling a workers' compensation claim, it is important that
you seek the advice and guidance of an
industrial injury lawyer who you can trust. That's because the terms of your settlement may
deny you access to Social Disability, Medicare, and other benefits that
you are entitled to. The experienced lawyers at Arnold & Itkin LLP
can work to ensure that you receive the maximum benefits to which you
are entitled, from all sources combined.
Want to know more about how we can help?
Contact an industrial injury attorney from Arnold & Itkin.