Know your workers compensation rights

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Introduction:

Injuries can happen to anybody at any time. Accidents do not occur after shouting from the rooftops. That is why you call it an accident. It can happen suddenly without any notice. Of course, you can take care to avoid accidents. However, accidents are inevitable. Industrial, as well as other workers are at a higher risk of sustaining accidents. The nature of their work puts them in a high-risk zone. You should know that they have workers compensation rights. You can file your claims in the special court of law and claim adequate compensation from the persons responsible for the accident.

Nature of accidents:

Any accidental injury sustained during the course of execution of your duties would fall under this category. The injury can be a minor one or a major one. The amount of compensation may differ but your right to claim remains the same. There could be some pertinent questions from your side. Who should pay the compensation? Why should he pay the compensation? How do you claim for it? These are natural questions. You would get the answers to these questions as well as much more through the course of this article.

What is the worker’s compensation?

This is nothing but an insurance policy taken by the employer whereby he would be providing adequate compensation by way of wage replacement and medical benefits to the employees injured during the course of execution of their duties. In return, the employee relinquishes his or her right to sue the employer for damages caused due to negligence or otherwise.

This would answer your first question. There is a legal binding on the employer to pay the compensation amount to the employee for the injuries caused while executing of one’s duties. This would also answer the second question as to why should the employer pay the compensation. The employer has to pay the compensation to ensure that the employee does not approach the court for filing a suit against the employer.

The third question remains unanswered. We shall now proceed with the answer to this question. In fact, in an ideal situation, the employee need not file any claim at all. As per the terms of the worker’s compensation contract, the employer has to come forward for paying the compensation. However, it rarely functions in this manner. The employee has to lodge the claim with the employer by availing the services of a workers compensation lawyer.

The role of the lawyer:

The role of the lawyer comes into the equation only when the employer refuses to pay the compensation. The employer has to give the refusal in writing stating the reasons for dishonoring the claim made by the employee. The reasons could be anything. There are certain occasions under which the law stipulates that the employer need not pay the compensation. Otherwise, the employer has to honor the claim. The worker’s compensation lawyer has the responsibility of fighting the case on behalf of the employee and securing the entire compensation amount. While lodging the claim, the employee has a right to bring the mental agony angle into the equation.

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