How to Claim Worker’s Compensation

Some many working conditions and situations are not fair, that cause you injury or injury, and that is even discriminatory. For many of these situations, there is Worker’s Compensation, which will give you monetary compensation to compensate you for the situation you have experienced.

However, for you to be better informed we give you the answer to the main doubts you will have, these are crucial and basic questions that you should handle before asking for Worker’s Compensation, as well as if you want to call worker compensation lawyers.

What is Worker’s Compensation?

Indemnity is known as an economic compensation that a person receives since he or she was affected by prejudice, in this case, of a labor nature.

Therefore, when we talk about labor indemnity, we are talking about the payment of a specific amount by a company or institution to an affected person, to give fair compensation for having suffered an unfair situation.

However, Worker’s Compensation may vary according to the type of dismissal, and the type of contract between the parties involved. That is why it is important to know which type of severance pay applies.

What are the Types of Worker’s Compensation?

Financial compensation varies depending on the type of Worker’s Compensation that qualifies, and the situation in which it is presented.

 The type of severance pay can be defined according to the type of dismissal or contract.  We show you how to identify them.

For dismissal in ERES: In case of collective dismissal.

By resignation from work: In case of termination of the contract by own will, the company is not obliged to pay any labor compensation.

For fair dismissal: If the employee does not fulfill his or her obligations or is absent without justification.

For unfair dismissal: If there is no logical cause to justify the dismissal.

 Indefinite-term contract: If the contract is terminated early, and inappropriately.

For employee promotion contracts: In the event of having established a promotion contract for the employee, but this term is inadequate.

For temporary contracts: This depends on the time of occasional hiring or for a specific moment.

Why do you need a lawyer to claim Worker’s Compensation?

Most employees resort to filing for workers’ compensation on their own; this usually causes it to be an even longer process or not getting fair monetary compensation.

Hiring an experienced attorney for Worker’s Compensation will help you streamline the process, help you fill out the forms properly, collect the necessary evidence , and know the right time to cooperate with the organization so you don’t lose the compensation you want.

If in your case you want to ask for workers’ compensation, it is almost a necessity to hire a workers’ compensation legal representative, experienced in accidents at work, since your health, and the medical situation will be affected if you do not fill out the forms properly or submit them after the deadline; this could cause the total loss of the compensation.

What does, and does not Worker’s Compensation cover?

While severance pay is usually an agreement between the organization, and the employee, Worker’s Compensation covers certain items, and not others.

Typically, Worker’s Compensation covers medical care expenses, and a percentage of wages lost as a result of the injury. Neither is taxable. For more serious cases the indemnity may be extended for specific services, such as therapy, rehabilitation, or training.

However, you should be aware that medical and monetary benefits may be limited as they are time-limited.

There are certain expenses that Worker’s Compensation does not cover, so you should not insist on them:

• Injuries caused or sustained off the organization’s premises.
• Injuries sustained outside of your working time or outside of your time on loan to the company.
• Injury or illness caused as a result of the use of drugs or alcohol in your work area or during your time on loan to the company.
• Pain or suffering as a result of illness or injury.

What should you do if your Worker’s Compensation claim is denied?

If you have filed a Worker’s Compensation claim, and followed the entire process, and done all the forms correctly it is difficult for your request to be denied, but it can happen.

If your claim is denied then you will have to go through a more complicated process, you will have to file a Worker’s Compensation appeal petition.  You will need to some documents in addition to those already submitted in the workers’ compensation petition.

To submit all of the proper documents, it is recommended that you go through the process with an attorney for Worker’s Compensation. If you do it on your own, you will have to send all the documentation by certified mail.

What happens if you sign a Worker’s Compensation release?

Some companies or institutions (not all) ask you to sign a workers’ compensation release as a requirement to apply for a job. In many of these documents a clause is placed, that removes all rights of claim against your employer.

The disadvantage you have as an employee when you sign a release of indemnity is that you have no right to claim for indemnity in case of wrongful dismissal, therefore there is no option to ask for compensation.

However, there are other legal remedies where you can get compensation, but it all depends on the agreement made between you, and the employer. The best thing to do is to consult the other options with your lawyer.

How do I get a Worker’s Compensation lawyer if I don’t know one?

If you have more questions about Worker’s Compensation, and you don’t know an experienced workers’ compensation lawyer, you can turn to Pideayuda.com. We will contact you with several options of experienced worker compensation lawyers, close to your location, and experienced in cases like yours.

You can also contact us without obligation for any questions you may have, we will be pleased to answer your questions.