Many workplaces contain various perils that come with the nature of the job. However, these high-risk jobs are not the only ones that result in injury. Even in supposedly safe jobs, workers get hurt all the time for one reason or another. Fortunately, the workers’ compensation laws in most states help make it easier for employees to recover fair compensation after an injury.
Unfortunately, the workers’ compensation system is not foolproof, and recovering the money you need after a workplace accident can sometimes be much more challenging than is supposed to be the case. If you are having trouble collecting your workers’ compensation claim, the 1Law workers’ compensation attorneys in West Jordan can help.
Workers’ compensation laws exist for a variety of reasons. These laws require most workplaces to carry workers’ compensation insurance in every state except Texas. They were designed to provide workers with a quick and easy path to getting money to cover their damages while protecting employers against personal injury lawsuits.
Workers’ compensation has the added benefit of providing relief to the court system. Without workers’ compensation laws, Utah courts would be overburdened with personal injury lawsuits made by employees against their employers.
When workers’ compensation is operating as it should be, it provides a quick and easy path to compensation for employees without creating an adversarial relationship between workers and employers.
Workers’ compensation claims are generally straightforward. However, that does not mean they are without their fair share of bureaucracy. After suffering a workplace injury, there are several steps that need to be taken in order to recover the money to which you are entitled.
The first thing you should do after suffering a workplace injury is report the injury to your supervisor. This must be done within 90 days of your workplace accident or discovery of a work-related injury. While verbal notification is all that is required, it is best to create a “paper trail” in case you need to back up your claim later. Send your supervisor an email about the injury.
If your injuries are severe, this step will obviously take precedence over informing your supervisor. In this case, a trip to the emergency room would be your top priority. However, for more minor injuries, your employer will provide you with a list of approved doctors you can visit.
While you must choose a doctor from this list to provide you with your original diagnosis, you have the right to get a second opinion from a doctor of your own choosing.
Your lawyer will provide you with all the necessary paperwork for filing your claim, and once you have completed all of the proper forms, they will submit the claim to their insurance provider. If your employer attempts to deny your claim outright or interfere with the filing of your claim in any manner, you should contact a West Jordan workers’ compensation attorney to protect your rights.
Most of the time, when employees get hurt on the job, a workers’ compensation claim is the only path to getting the money needed for their recovery. However, special circumstances may apply to your case, which would allow you to file a personal injury lawsuit instead. While this is a more complicated and lengthy process, it can also result in a far larger payout.
When a third party is responsible for your workplace injury, you will likely be eligible to file a lawsuit against them for your damages. For instance, if you were using a tool that proved to be defective, you could file a product liability lawsuit against the manufacturer. Alternatively, if you were struck by a car while on the job, you can file a car accident lawsuit against the driver.
A lawsuit against your employer is only possible if you can prove negligence or that they deliberately attempted to harm you. Employers must provide a “reasonably” safe workplace. Even on inherently dangerous job sites, they are required to minimize unnecessary hazards. Failure to do so, or an intentional attack from an employer, can open them up to a lawsuit.
Most of the time, it is unnecessary to hire a workers’ compensation attorney when submitting your original claim. The process is designed to be quick and easy, and in most cases, it is. However, you are still dealing with an insurance company, and their interests are in protecting their profit margins. If they see any weakness in your claim, they will likely attempt to deny it.
However, if you choose to hire a workers’ compensation lawyer before you file your initial claim, you can help minimize the chance of denial. Not only can your attorney help to plug any potential holes in your claim, but the mere fact that you have hired an attorney will show the insurer that you are serious, and that attempting to deny your claim will waste time and money.
When you speak with a lawyer before filing your claim, they can also advise you if filing a personal injury lawsuit might be better for your situation. Most of the time, though, people wait to hire an attorney until after a claim gets denied. When filing an appeal, having an experienced workers’ compensation lawyer by your side is essential.
At 1Law, we are dedicated to helping employees recover fair compensation for their workplace accidents. Our team of West Jordan workers’ compensation lawyers has helped countless workplace injury victims recover the money they need after an accident.
Give us a call, fill out our online contact form, or use our legal chat tool to get started today. We offer free consultations where we will review your case and advise you of your legal options.