If you are injured on the job, you are entitled to certain benefits, coverages, and compensation. Though your workers’ compensation case may seem straightforward, there are a lot of questions that can arise and things that can go wrong. It is a step-by-step process that, anywhere along the way, can be derailed. Your best bet? If you are injured on the job, contact an attorney who is experienced in workers’ compensation cases. Even if all goes smoothly, you’ve got nothing to lose as many attorneys do not charge for the initial consultation.
If you are currently involved in a workers’ compensation case, the following questions could be helpful. Granted, they are just the beginning, but at least you’ll have a place to start.
What Determines My Settlement Amount?
The following factors weigh heavily into the calculation of a workers’ compensation settlement:
- How your ability to work will be impacted by your injuries.
- In the future, what kind of medical treatment will be required.
- The seriousness of the injury.
- While you were working, the amount of the paycheck you would have been receiving.
After a complete review of the above stated factors, you and your company will likely discuss a settlement amount, which the final determination must be agreed upon.
If My Claim Is Denied, What Are My Options?
You may not be out of options if your claim is initially denied. This is where a lawyer is going to come in if you haven’t already hired one. Though your employer may seem fine with your case, their insurer may be the one to hand over the initial denial. When that happens, your case might need to be heard in open court, so you would file a claim with the industrial commission. All of this takes time. Some insurers may agree to settle out of court, particularly if you have experienced presentation.
If I Get Pressured By the Insurance Company, Should I Just Settle?
The answer to this is an emphatic no! Don’t let them pressure you into anything!
Also, if you are fired after filing your workers’ compensation claim or are threatened with termination if you go forward with your claim, that’s against the law! By hiring an experienced workers’ compensation attorney, you protect your rights, are able to resist pressure by the insurance company, and have representation if you are wrongfully fired as a result of your claim.
Can I Sue?
Ordinarily, if, as a result of their negligence, you suffered an illness or injury, you cannot sue your employer. Yes, you want your medical bills and lost wages covered. That’s what workers’ compensation is for.
On the other hand, you might be able to directly sue the manufacturer if your injury was caused by a defective product.
Additionally, you might be able to sue your coworker if an assault was committed by them on the job. This would be a separate civil claim.
How Long Does All of This Take?
This is a question that can have numerous answers, depending on surrounding circumstances. Once you hire an attorney, ask them for a settlement process timing guide.
The process is far more clear-cut once you agree to a settlement. Once the agreement is signed by the opposing side and your attorney, it can be a couple of weeks for the process to run through. A workers’ compensation judge must then approve the agreement, so a couple more weeks could go by. Once the settlement is approved by the judge, you might receive your check within 30 days.
The Most Important Question of All
Here is a question to consider about settlement: What’s the contact information for Cardinal Law Partners?
If you’ve been injured on the job, you have the right to be compensated for lost wages, your injuries, etc. If your claim has been denied or you’re having a rough time with your employer, don’t wait another minute to hire an attorney. At Cardinal Law Partners, we have years and years of experience with workers‘ compensation cases. We will fight for your rights! For a free consultation, contact us today.
If you’d like some fast answers to more questions, check out our “Frequently Asked Questions” page.