How to Know if You Have a Workers Compensation Claim

September 8, 2021 2:14 am

How to Know if You Have a Workers Compensation Claim

By: Perry Morrison

Your employer must provide a safe workspace for you.  If  you have been injured, as a result, you could have a claim for worker’s compensation.  Let us look at some of the things you should consider if you plan to file this type of claim.

1) Report the injury to your employer. You have a duty to report it in a timely fashion.

How Serious the Injury Is

Worker’s compensation can be used for a wide range of injuries.  However, the key is to get the injury diagnosed by a doctor.  In some states, this might be a requirement for your worker’s compensation claim, even if the injury is relatively minor.  Often, the more serious the injury is, the more you will be entitled to claim.  As an example, if you need to miss work while you recover, you may be able to include lost wages as part of the claim.

Whether You Are Covered

Worker’s compensation is a form of insurance.  Employer’s insurance will need to compensate employees for injuries received at work.  In exchange, employees will lose the right to sue the company for damages.  However, in most cases, this will only apply to employees of the company, and it can be more challenging if you are an independent contractor.  Also, some state industries will not be included in workplace compensation. For example, in some cases, agricultural workers may not be able to make a worker’s compensation claim.  In this case, they will need to use other methods to get compensated for their injuries.

Circumstances of the Accident

A crucial part of the worker’s compensation claim is that you were injured while you were performing your duties for the company.  For this reason, understanding the circumstances in which the accident occurred will be critical.  It should be noted that you could still file a worker’s compensation claim even if you were injured outside the workplace, as long as you were performing a work-related task.  However, not all applications are triggered by a single incident.  If in the course years, you have been exposed to harmful chemicals that have subsequently affected your health; you could be entitled to worker’s compensation. Some states could allow your employer to give you an alcohol and drug test after the accident.  If it was determined that these factors played a part, your case might be rejected.

Talk to a Lawyer

However, the best way to determine if you have a strong case or not is to talk to a Wilson County Workers Comp attorney.  As we mentioned, the state you live in can have an impact on the type of regulations that you will be facing.  For this reason, you must get someone who understands the local rules, which will ensure that you receive accurate advice and that you understand your legal obligations.  With years of experience, the Morrison Law Firm is a great choice to provide legal representation.  So, book a consultation with one of their experienced lawyers to discuss your situation further.

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