There are a lot of confusing and complex legal phrases that get tossed around when it comes to discussing worker’s compensation. An in-depth comprehension of terms such as double indemnity, legal benefits and earning capacity is not really necessary when looking for compensation for a work-related injury. However, it is important to find a work injury lawyer who not only comprehends these concepts but can utilize them in your case and win the trial.
Even though you can let the lawyer handle all the legal processes, gathering evidence as well as completing all the details of the case, it’s still imperative that you at least have a basic understanding of worker’s compensation law and what it entails.
So, what is worker’s compensation Law?
The worker’s compensation law is basically a legal system where an employer must provide insurance or pay employees who sustain injuries when working. This system is put in place to provide injured employees with:
- Compensation for medical bills and recovery from the accident or injury
- Compensation for lost wages as well as time at work
- Benefits to the dependents of the employee in case of death
- Temporary job for the injured until they heal.
- Career rehabilitation services
The primary goal of this system is to give the healthiest, fastest and safest road to recovery for an injured employee so that they can get back to optimum performance and support themselves as well as their loved ones.
The worker’s compensation law ideally functions to protect companies and employers from suffering huge losses in expensive lawsuits. Instead of going through costly and lengthy proceedings, most cases are handled in an administrative tribunal, which gets the worker back to work as soon as possible and alleviates the risk as well as the cost of the company being sued.
Interestingly enough, worker’s comp is one of the few areas in law where negligence doesn’t play a crucial role. In other injury cases like personal injury, the victim is tasked with proving that the other party is responsible for the damage due to their negligence. However, in worker’s comp law, whether it’s the employer or the employee who was at fault is irrelevant. If an employee gets injured on the job, they are entitled to compensation. It does not matter which party is at fault, and that’s why most companies are required to have proper insurance.
Of course, making a successful claim for compensation in this field is not as easy as it might seem. In most cases, insurance firms tend to bully victims into accepting a low settlement. Some do this by arguing that the sustained injury was pre-existing, some claim that the injury did not occur during work and others list the medical bills cheaper than they actually are.
Yes, insurance firms are paid by employers to cover the expenses of an injured laborer, but they still use sneaky tactics to uncover loopholes in the system, and that’s why you may want an experienced and qualified attorney to represent you in front of the big insurance companies.
An expert in worker’s compensation law will know how to take on insurance players, and they will be comfortable with the ups and downs on worker’s comp law. So, before you file a lawsuit against your employer, you may want to consult a competent attorney today.