Workers Comp Lawsuits – How to Locate an Experienced Workers Compensation Lawyer
Workers’ compensation is the collective bargaining right for injured or sick workers to be paid for lost wages, medical bills, and loss of earning capacity. In many states, the definition of “workers comp” includes mental and emotional suffering as well. For these reasons, workers’ compensation insurance has been made a mandatory benefit in all private sectors in the United States, and in many other countries around the world. However, despite this fact, workers’ compensation insurance has not always been implemented in the workplace.
Part of the problem may be that most employees who file workers comp cases do not actually suffer any injuries.
Rather, they are put on the payroll of an attorney general’s office in their area. The initial paperwork in workers comp lawsuits is typically boring and standard and most employees are more concerned about getting to the bottom of their finances than about filing a personal injury lawsuit. Also, because most personal injury lawsuits require you to prove negligence on the part of the company whose services you have used (as opposed to proof of a company’s liability for injuries you have sustained), attorneys tend to advise injured workers to settle their claims for small settlements rather than go through the lengthy litigation process required for long-term compensation. This approach can be financially devastating to the person filing the suit, especially if the case requires the help of a large legal firm with a number of workers comp cases under its belt.
Another reason workers comp may not have been implemented in the workplace relates to the amount of insurance required by most employers.
In most cases, workers’ compensation requires the filing of a large amount of paperwork and the authorization of a large amount of time by an injured employee. Many employees simply cannot spend additional time at their jobs when their insurance has been suspended during recovery. This added time may be used towards collecting other forms of compensation from the employer.
There are also the financial costs of workers comp lawsuits that often force employers to compensate their workers for benefits they never received.
For instance, when an employee is injured on the job, that individual may be entitled to workers’ compensation benefits, but was not aware of this when filing for workers comp. This is commonly known as Slip and Fall, which are often the basis for workers comp lawsuits. Even though an employee may have slipped and fallen on his or her own, the company may still be liable for these benefits, even if the accident occurred on a public property.
The above examples just show one of the reasons workers’ compensation plans have been implemented by states across America.
Although worker’s compensation benefits may not have prevented the above accidents, the resulting lawsuits do speak to the importance of providing such protection for workers. In fact, workers comp lawsuits have forced many companies to reform their benefits packages and their procedures for selecting employees. As a result, workers’ compensation lawsuits have been less frequent, which likely means that the benefits were more accurately addressed and more easily attained. As such overall compensation packages for injured workers are generally much more accurately calculated today.
If you believe that you or a loved one has been unfairly denied benefits because of your work, you may want to speak with a workers comp attorney.
Workers’ compensation attorneys are trained professionals who are knowledgeable about workers comp laws and are intimately familiar with the various aspects of workers comp litigation. In fact, most workers comp attorneys have represented their clients in various court cases and can often provide very helpful advice regarding possible avenues for workers comp litigation. For example, an attorney may be able to advise his client in pursuing a case against his or her employer, as well as other possible claims, including wrongful termination. If you have been injured at work, it is important to contact a workers comp attorney as soon as possible, so that you have the information necessary to obtain the most favorable settlement possible.