Do You Have A Claim?

By Author: Leonard Simmons
Total Articles: 152
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Workers comp claims can be very difficult to sort out without the help of a licensed professional. Under these circumstances, an attorney has an important job to do. The first priority for his or her potential client is to inform them where they stand in relation to their unique circumstances. As you may have already guessed, a lawyer that promises clients-to-be a favorable outcome is one in which to be skeptical.

Employees should know their rights and what may be owed to them if they have been harmed while on the job. Individuals who have been hurt while working may be entitled to replacement payments if the injury prevents them from earning a living. In some instances, fixed monetary awards are also granted. This happens without the hassle or compunction of filing a lawsuit against the employer.

Compensation for employees who have been hurt receives the benefit of a no-fault system, which is to say negligence does not have to be proven to receive money. The responsible party, in most cases, is also not liable with the no-fault system. The simple fact that an employee has been injured while working is sufficient ...
... reasoning for a worker to earn compensation. No-fault law has been set-up to avoid civil lawsuits filed by employees against employers.

In most cases, workers who have been injured while working have two choices – to either elect to receive the benefits granted by the no-fault system, or to file a separate lawsuit. Worker’s compensation is meant to be the exclusive answer for financial needs after a debilitating injury. This avenue precludes the opportunity for a worker to seek further damages for an injury, even though the employer is clearly at fault in the eyes of the law.

There are other instances in which third parties may have contributed to an accident, and in such cases further legal action may be taken in addition to receiving worker’s compensation benefits. However, if an employee’s accident is proven to be cause by his or her own actions (intoxication from alcohol or illegal drugs) – this is not covered by worker’s compensation.

Benefits awarded in this kind of compensation usually include money for current and future medical care, temporary or permanent disability compensation, and rehab and/or training for a new job. These are just the basics of how this system works; ask a licensed attorney for more information regarding workers comp benefits.

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