Hiring an attorney for an on-the-job injury is always in the best interest of anyone who has sustained physical harm at work or suffered from a work-related illness. This is because individuals who are not familiar with the law may inadvertently hurt their case if they attempt to represent themselves.
Below are some additional facts concerning on-the-job injuries:
Filing a Work Comp Claim
Work accident claims are typically filed when injuries are sustained at work, and such claims should be filed immediately after the incident. In many cases, employees who sustain injuries while working are a bit hesitant to ask for an accident form or to report it to the human resources department, as they feel it may jeopardize their job or that it may create a hostile work environment.
However, there is no need for anyone to feel guilty about trying to acquire appropriate compensation after suffering a work-related injury or illness. If the injured person does not seek proper compensation, he or she must shoulder all the medical debt, as well as the negative consequences of lost wages resulting from the injury.
This is not fair to the employee, particularly if the person did not have a hand in causing the injury.
Responsibilities of the Employer
Companies are prohibited by law from terminating an employee’s job because he or she made a claim against the business for monetary compensation following an injury. The worker is also protected from retaliation from a manager, supervisor, or owner of the company.
Similarly, if a coworker witnessed the injury and comes forward, that person is also protected from any type of retaliation. However, witnesses may be legally required to sign a statement regarding their observations at the time of the accident.
Witnesses play a crucial role in on-the-job-accident claims, particularly if the company tries to deny that the incident took place.
Contributing Factors to the Accident
It is important to establish that the injury was not caused by the employee’s negligence. If an individual purposely engages in reckless behavior or is under the influence of alcohol or drugs when he or she is injured, obtaining compensation may be difficult. This is another reason why it is important to hire a work comp attorney for an on-the-job injury.
The Importance of Legal Advice
In virtually all cases, employers must carry insurance that covers work-related injuries for their employees. At times, however, insurance companies still attempt to refuse to pay on such a claim. For this reason, as well as many other factors, it is always best for anyone who finds himself or herself in this position to seek the advice of a qualified lawyer as soon as possible after the incident.
An attorney for an on-the-job injury rarely takes his or her fee in advance, but rather is paid after the settlement is reached, and this payment is a mutually agreed-upon percentage of the overall amount awarded to the injured individual.
Fortunately, cases of this kind are typically settled out of court. Anyone who is injured at their place of employment should immediately seek legal advice and pursue the compensation they deserve.