Medical Malpractice

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Find Out if You’re Eligible for Worker’s Compensation

When you are injured at work, rarely do you have time to think about how you can pay. You likely want to focus on your injury, on getting better. On the other hand, as early as you can, look into your coverage. For some this will be a must. Medical bills are, for logical reasons, one of the leading causes of bankruptcy. You can avoid that. Typically either your employer or your employer’s insurer will cover your work related injuries, if the injuries are work related. You are allowed to make mistakes, but if alcohol or drugs are involved, you may lose the compensation. There are some basic requirements to be eligible for worker’s compensation.

First, your employer must have worker’s compensation insurance. Some companies will cover their own workers, such as Fortune 500 companies. Second, you must work for this company where you were hurt. Finally, the injury must have occurred while you were working. As noted, if alcohol or drugs were involved, you also risk losing the help. Let’s go over these requirements in more detail.

Employer’s Coverage

There are some diverging laws here which make this complex legally to speak about. Why? All state laws are different when it comes to worker’s compensation, but most have similar systems. Some states make it mandatory for anyone who employs workers to provide these benefits. Other states set a different minimum, such as having 3 employees makes it mandatory to have benefits. Some states allow charities to opt out, so if you work for a charity, you may not be covered. Even if your company is not required to have worker’s compensation, quite often they do so. Most employers will have some form of worker’s compensation. It’s just good business.

You Must be an Employee
This may sound simpler than it is. You may think you’re an employee and are in fact not a regular employee. There are many independent contractors who lack any kind of worker’s compensation benefits. You may be a carpenter, or a writer, or even a computer tech, but not directly hired by the company who pays you. If you get hurt on the job, and are considered an independent contractor, you likely have no coverage. There are also some divergent laws on volunteers. Volunteers are technically not employees,and are usually not covered, but here again state laws can differ.

The Work Related Injury
The injury does not necessarily have to have occurred on-site, of course, as you could be working for your employer anywhere and get hurt. Construction workers are a perfect example. Other injuries can occur in the office too. You may suffer a hand injury in a job which involves a lot of typing. You may trip on something in the workplace, and break a leg. If you are doing something on the job, something which benefits your employer, you are then covered. On the other hand, if you are injured leaving work, or while playing pickup basketball at a company party, these are different.

If you have suffered an injury, and you are being denied help, you may consider getting legal representation. A personal injury lawyer can often work on a “no win, no fee” philosophy, so you have nothing to lose. As medical bills can reach tens of thousands, this is an important option.



Workers’ Compensation – An Intro for Personal Injury Law Cases

This blog guide highlights what you need to know about workers’ compensation in cases where you feel you deserve compensation for an injury. What is workers’ compensation? Most who are covered know the basics – that states make it mandatory for companies to give workers benefits in case of injuries – but some take it for granted. Worker compensation cases can be complex, difficult, and costly in terms of both time and money. It’s your right to get it, and your option to hire an experienced personal injury lawyer if you have questions, run into difficulty, or feel you are being cheated out of your benefits.

How can you get your compensation?
Worker compensation can be different from state to state. In most states, you get it from your employer. You may have been hurt while driving a forklift, and then the company will cover any damages you experience – including medical bills, time lost out of work, and pain and suffering issues. The insurer is who pays the damages, but the company is the one liable. Sometimes state laws are different, where smaller companies who likely lack the option of paying for insurance can avoid it being required. Also, major companies such as Fortune 500 corporations can cover workers themselves, instead of going through an insurance carrier.

You will likely be told what kind of compensation you can get, if you get it. If the state does not force the employer to have compensation, you likely need a professional personal injury lawyer with experience in handling workers’ compensation cases.

What injuries are covered?
Each company may have some differences, but in most cases the majority of injuries are covered under worker compensation. If you are hit by a car while driving a load … if you fall down at work and break a leg … even if you make common mistakes you should be covered. There are cases where you are not covered, such as if the injury is a result of using drugs or alcohol. If you are in an accident and it’s determined alcohol was a major reason, that’s one example of compensation being harder to get.

Another common question we hear is about the length of the coverage. If you can prove your injury was a result of working at your job, you also deserve compensation. Say for example you pick up heavy machines on a daily basis; 5 years later, you experience severe back problems; in this example, you again can and should be covered. Just because you have no immediate injury does not mean you will fail to get benefits. Many injuries occur over time.

Get Help with Personal Injury Law

If you’re running into trouble getting compensation from your employer or an insurance carrier, it’s time to talk to a personal injury lawyer. You want one experienced in workers’ compensation cases. It can lead to compensation beyond just medical bills – you can get wages lost, as well as pain and suffering help for your future.



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