Workers’ compensation insurance is a very useful safety value that helps both injured employees and employers. In some industries, employers actually need to have such an insurance policy in place in order to legally exist. In others, this is not a requirement.
According to a respected Munley Law Wilkesbarre workers compensation attorney, most people expect their employers to have workers’ compensation insurance. The reality might be different. With this in mind, here are some things you might not know about these compensation claims.
Workers’ Comp Appeared During The Late 1800s
In 1884, we saw the establishment of the Workers’ Accident Insurance Act. Before that, employees were blamed for the injuries they suffered. Usually, it was stated that the negligence of the employees is what caused the injury. When you were the injured person and you wanted to be compensated, the only way to do this was to go to court. You practically had to prove the employer was negligent.
Proving negligence is now still essential but there is a much better balance between compensation and fault. The balance is in part due to the work of workers’ compensation attorneys and the claims process.
Pain And Suffering Are Not Covered By Workers’ Compensation
This is the difference when comparing with personal injury settlements. With workers’ compensation claims, medical expenses are covered, together with financial support and covering lost wages. Workers’ compensation benefits are usually not taxed and are available without too much of a hassle.
You Are Stil Around To Sue The Employer
When injured while on site, you can still sue your employer. If this is an option you choose, it is important to offer evidence that shows the negligence of the employer. Then, you need to prove that the negligence was intentional or reckless. In addition, you automatically wave rights of receiving compensation through workers’ compensation insurance. When filing the workers’ compensation claim, you automatically lose the right of suing the employer.
Denials Do Not End Workers’ Compensation Claims
It is normal to feel demoralized when your workers’ compensation claim is denied. However, this does not mean that these are thoughts that should influence your next step. In fact, we now know according to statistics that almost 70% of all the denied claims end up being converted. And in most cases, they will end up paying even more than your original worker comp claim.
Keep in mind that it is possible to take between 4 and 8 weeks until the signing of your agreement and you getting benefits deposited to the bank account. During this time, you have to make sure you will not lose your hope. Whenever you recover from injuries, 2 months can take quite a long time. This is why it is so important to work with a workers’ compensation lawyer that is very experienced and that represents you during the entire process.
The last thing to know is that even when all avenues you have in regards to workers’ compensation are finished, there are still options available, like personal injury claims. Your attorney can tell you more.