Work Injury Claim Overview

 

It is against the law for any employer or company to fire a worker on the basis of filing a worker’s compensation claim, but this does not mean that all employers are above discouraging or even intimidating their employees against processing the right paperwork. When this happens, contact The Law Offices of David H. Greenberg immediately to fill out a work injury claim and protect your rights.

Filing a worker’s compensation claim does not cost any money, but injured employees who need legal assistance filing a work injury claim may worry about the expense of hiring a workplace accident lawyer for their case. But you shouldn’t.

The Law Offices of David H. Greenberg deal with worker’s compensation claims do so because we are motivated by justice over profit, and are willing to work on a contingency fee basis.

For over 40 years, our entire goal has been working towards a successful settlement and relieving the injured employee’s concerns of mounting debt after a long, drawn-out legal process.

Our experienced attorneys will help with every aspect of your work injury claim so that you can get the compensation you deserve.

Why File a Workplace Accident Claim?

Injuries suffered in the workplace can cause damages that ripple outward into all aspects of the employee’s life.

Injuries sustained on the job that are serious enough to require treatment cost the employee money from the medical expenses involved. Legally, these costs should be paid by worker’s compensation benefits.

Serious injuries sustained on the job require employees to take extended time off of work. Filing a work injury claim accurately can secure the injured party’s compensation and cover short or long term disability leave

Medical expenses can include not only the immediate emergency treatment, but subsequent follow-up visits, the cost of prescription painkillers and other medications and the expenses of any medical devices necessary during healing, such as crutches or a wheelchair.

For serious injuries, multiple surgeries and long-term physical therapy may be required and expenses can pile up into a six-figure mountain of debt. Workers exposed to harmful substances or chemicals during a workplace accident may develop diseases such as cancer, which are costly to treat, devastating to the victim’s quality of life and may lead to death.

Steps For Filing a Work Injury Claim

When reporting a workplace injury it should be given in writing and document the date and the precise time and location of the incident. Any causes of the accident and any obvious measures that could be taken to prevent another accident should also be clearly stated and submitted. 

Therefore, victim should also document anything that led up to the accident such as defective equipment or hazardous conditions. This will not only prevent future accidents but may also shine a light on work place hazards that were negligently ignored.

In the USA, there are laws that were written in order to assist and protect employees and other workers who suffer injury or bodily harm while at work. These laws are referred to as workers’ compensation. The details of procedure may vary from one state to another, but the principles remain the same.

STEP 1:

Report the accident to the relevant authorities; the manager or employer on hand. Failure to do this has a number of disadvantages. There are statutory time limits to file a claim, memories may fade and any evidence available may get lost. Employers are mandated by law to take the reported accident very seriously and should provide forms necessary for filing a claim for compensation.

STEP 2:

Fill out, and file all the necessary forms. A detailed medical report should also be written, preferably within ten days of the accident, and submitted. Sometimes the report may be written at a hospital as the injuries suffered may require hospitalization. This doctor may be required to be the employers Worker’s Compensation Insurance-specific provider. Be sure to follow the doctor’s medical instructions. Non-compliance risks your chance of receiving benefits.

STEP 3:

Speak to workplace accident lawyers and seek good representation with their workplace accident claims. This provides the case a much better opportunity of success and a good chance to receive the compensation amount due, as well as receiving the compensation in good time. When contacted by the employer’s insurance carrier, follow their regulations and file all claim forms in a timely manner.

STEP 4:

Continue working with your personal injury attorney while continuing to attend all scheduled medical appointments. This facilitates maximum recovery and proves compliance with the benefits claim process. Cooperate with your delegation to work under modified duties as well.

The consequences of a failed work injury claim can be devastating.

If a victim gets their compensation request denied, or gets deceived by the employer’s insurance provider, then the resulting consequences will definitely have negative effects.

An injured worker will require hospital treatment, treatment procedures, expensive medication as well as follow up treatment and observation. Some injuries could be serious enough to cause a long-term layoff or even permanent disability.

Injured workers cannot work and will definitely lose out on their regular income. They will still have to meet their living expenses as well as pay their bills, buy food and repay any debts they owe.

This can be a devastating time for them. Due to these consequences, it’s essential to speak to a personal injury lawyer after a workplace accident.

Filing Your Injury Claims

Many insurance companies will fight every work injury claim, so you need to do things right as soon as the injury is detected. 

Even if there is no pain at the moment of the accident or no visible wounds, it is important for you to be taken to a hospital or clinic to confirm that there is no serious injury.

Muscle pains, and back and neck pains may take a few hours to show up and if they do, go to a hospital and get x-rays done immediately.

Keep all receipts and prescriptions the doctor or the clinic gives you; your workplace accident attorneys will need them when they file the claim against the insurance company.

Companies protect themselves from fake lawsuits and workplace injury suits by installing cameras in halls and office compounds. Even though the film belongs to them, you have the right to present it as evidence in your lawsuit.

We will make sure that the footage showing your accident is part of the evidence presented to the judge when the time for compensation comes.

If there is no filmed evidence, medical reports and testimonials of any witnesses will be vital to win your case. You may also include in your testimonial is the opinion of experts.

These experts may be medical experts or they might be accident experts who will give their opinion on the same matter.

If your attorney considers that negotiation is the way to go, trust your lawyer. If negotiation is possible and a settlement agreeable to both parties can be reached, go for it, it is always better to take the straight road; besides one never knows how a judge’s mind will work.

The Importance of Filing a Claim With The Law Offices of David H. Greenberg

Although work injury claims are not lawsuits, they are complicated legal documents they can be challenging to complete correctly. The best and easiest way to be sure that every aspect of the claim process is completed and filled out to perfection, is to contact our attorneys at The Law Offices of David H. Greenberg.

This eliminates the risk that a small mistake will cost the injured worker some or all of the compensation they deserve.

Workers compensation laws limit the legal actions employees can take even when their employer was partially or fully responsible for the circumstances which led to the injury.

For this reason, many victims of on-the-job injuries are inclined to turn to third-party legal action for compensation.

With these complexities in mind, it’s best to hire an experienced work place injury lawyer to assist you in navigating these complexities.

There are specific laws which need to be followed exactly when filing a personal injury claim.

Work Injury Claim | The Law Offices of David H. Greenberg Accident Attorney

How We Help Construction Workers

If you are a construction worker who has been injured, the steps required differs slightly from a normal personal injury claim. With construction work, the claim will vary depending on exactly who has been injured. If you are a regular employee of the construction firm, state mandated worker’s compensation rules will apply to your case.

This means that you will be required to file your case through the local worker’s compensation system in order to recover lost wages due to your being temporarily off the job for the extended time in which it will take for your recuperation.

While the state sponsored worker’s compensation system has strict policies regarding the recovery of wages, it is often not necessary for the injured worker to actually prove that his employer was at fault.

Accident lawyers on your team will be able to address the matter for you through the proper government channels, deciding when and if the time is right to bring charges of negligence against your employer.

Years of experience with cases just like yours will allow your legal team to make these tough calls so you don’t have to.