The Requirements To Qualify For Workers' Compensation Benefits
Are you being denied workers' compensation benefits after a serious job injury? You have the right to get paid until you are able to return to work, but only if you were not negligent on the job when the injury happened. Below, you will discover the requirements to qualify for workers compensation benefits and how a lawyer can help you if your employer refuses to cooperate.
What is Required to Qualify for Workers Compensation Benefits?
Workers' compensation benefits are something that is mandatory for most employers to offer their employees, depending on the rules of the state. The only requirement for qualifying is proving that you were injured on the job while following all of the guidelines. You must not have been operating dangerous equipment in a negligent way when you became injured.
If you qualify, you do not have the right to sue your employer for additional money. It is common for the compensation amount to be at two-thirds of what your regular paychecks were before the injury. If you are denied benefits or not given a fair amount of money, a lawyer can help you open a case against your employer in an attempt to get what you feel you deserve.
How Can a Lawyer Help if an Employer Refuses to Cooperate?
If your employer is refusing to give you workers' compensation benefits, a lawyer can help by first determining if you qualify. He or she will speak to you about the incident and the guidelines that are in place for the equipment that caused the injury. If there are no guidelines, your employer may be at fault for the injury for not having the appropriate safety guidelines in place for operating dangerous equipment.
The next step will be for the lawyer to obtain a sufficient amount of evidence to prove that you were injured and undergoing treatment for it. You will need to get a copy of your medical record, or a medical release form can be signed so the lawyer can get it for you. The length of time you are expected to be treated may also have to be proven, so a document detailing the treatment plan from your physician may also be needed for evidence.
It is likely that your lawyer will try to settle the situation out of court to get you paid faster, which can be done through mediation. You deserve to get paid so you can heal in peace, so allow a personal injury lawyer to help make it happen!