Workers’ compensation laws exist for many reasons. They are designed to protect both workers and their employers in the event of a workplace accident. Almost every state requires that the vast majority of businesses carry workers’ compensation insurance, with Texas being the lone holdout.
The primary objective of workers’ compensation is to simplify the process of collecting compensation for employees while protecting employers from lawsuits. Unfortunately, there are times when a workplace injury occurs, and neither of these objectives is met. At the 1Law Richfield office, our workers’ compensation lawyers can help you with your workers’ compensation claim.
With many personal injuries, recovering compensation can be a long and challenging process. Workers’ compensation laws were created to simplify this process for those injured while on the job. Workers’ compensation is designed to be a quick and easy method for getting the money you need for your injury that does not pit you against your employer.
In addition to providing workers with fast access to the funds they need to cover their losses, workers’ compensation also protects employers. Without workers’ compensation in Utah, many small businesses could be taken down by a single workplace accident lawsuit. Meanwhile, larger businesses in dangerous industries would face non-stop litigation.
Workers’ compensation has the added benefit of providing relief for the courts. Without workers’ compensation, civil lawsuits for workplace injuries would overwhelm our legal system causing massive backups in courthouses across the country.
While workers’ compensation is generally straightforward, there are still several steps you need to take to ensure you are able to collect. The first step in securing workers’ compensation is to report the injury to your supervisor as soon as possible. Don’t let the fact that you have years to file your workers’ compensation fool you into waiting to get started.
There are other deadlines that you must meet before you file that are far more pressing. Failing to report your injury to your employer within 90 days can eliminate your option of filing for workers’ compensation. Informing your employer verbally, is all that is required. However, it is in your best interest to also send an email about your injury so that you have proof if needed.
Seeking medical attention after an injury is also a necessity. For severe injuries, a trip to the emergency room will supersede any other action. However, for milder injuries, you can get a list from your employer of approved doctors you can visit. While you must seek treatment from one of these physicians, you are entitled to a second opinion from a doctor of your choosing.
When filing your workers’ compensation claim, your employer will help you through the process and provide you with all the required paperwork. Once you have filled everything out, your employer will file your claim with their insurance provider. Should your employer deny your claim or try to intervene, contact a workers’ compensation lawyer in Richfield.
In most cases involving workplace injuries, a workers’ compensation claim is your only option for recovering the money you need. However, there are some exceptions that could open the door to a personal injury lawsuit. While filing a lawsuit is more complicated and time-consuming, it does present the potential for a much larger payout.
One such exception is if your injury resulted from your employer’s negligence or deliberate attempt to harm you. Employers are required to provide a ”reasonably” safe workplace. While some jobs are inherently dangerous, your employer should work to minimize the risks. Failure to do so can open them up to a lawsuit. The same holds true if your employer attacks you.
You may also be able to file a lawsuit if your injury was caused by a third party. If you were injured by a defective product, you can file a lawsuit against the manufacturer. Similarly, if you were hit by a car while on the job, you can bring a lawsuit against the driver.
Hiring a workers’ compensation attorney will greatly improve the odds that your claim will get approved. Even though workers’ compensation claims are supposed to be a quick and easy way to get the money you deserve, whenever you are dealing with an insurance company, there is the potential for complications. Insurers hate to pay out claims and will look to find a reason to deny you.
You may choose to file the initial claim on your own. However, hiring a workers’ compensation lawyer from the start will minimize the chances of your claim getting denied. With a lawyer by your side, the insurance company will know that you will not go away easily, and may choose to cut their losses. If you file yourself and your claim gets denied, an attorney can be essential in an appeal.
A Richfield workers’ compensation attorney can also advise you if you have an option for filing a personal injury lawsuit rather than a workers’ compensation claim. They can advise you on the pros and cons of each option, and if you choose to file a lawsuit, they will work with you every step of the way to ensure you get the money you deserve.
At 1Law, we have helped countless workplace accident victims recover the money they need after an injury. Our team of workers’ compensation attorneys in Richfield have a proven track record of getting favorable results for our clients.
To get started, fill out our online contact form, use our free legal chat tool, or give us a call. We offer free consultations with no obligation to retain our services.