Millions of people go to work every day expecting to put in their time and head home. None of them think that they will be injured while they are at work. Most people feel secure in their jobs because they know that there are regulatory and safety agencies like the Department of Labor and OSHA in place to protect them from workplace hazards. Even though these agencies are in place, injuries on the job still occur and are prevalent.
The Relationship Between You and Your Employer Will Change
If you are injured at work, one of the first things you need to understand is your employer has a business to operate, and when it comes to having to deal with a Workman’s Compensation claim, your employer will do everything in their power to protect their business. You employer and or supervisor could be the nicest person in the world, however, once employee health makes an assessment and files an incident report, your relationship with your employer will change.
One of the reasons for this is because your employer is responsible for conducting an investigation to determine how your injury happened. In addition, they have to account for and review the type of safety training they give employees and be able to show tangible proof that all employees have participated in the training. Your employer will also have to account for how PPE (Personal Protective Equipment) is used in their establishment.
There is a high probability that your employer could be contacted by OSHA in regards to your accident. Based on the extent of your injuries, your employer will have decisions to make regarding how to fill your position while you recuperate, the application of your disability coverage and what they would be willing to pay you in terms of a settlement if you are not able to return to your job because of your injuries. You need to be aware of the fact that your employer’s legal team’s job is to make sure that their best interest is at the forefront of every decision made. You need to make sure that there is someone who is looking out for your best interest as well.
The Right Fit
In these types of situations, you need to seek the counsel of experienced workers compensation lawyers coral gables fl. Once you have consulted with several attorneys in your area, you should choose the one you feel most comfortable with. The first thing you need to do is to make sure that your Workman’s Compensation settlement is properly structured. You need an experienced attorney to draft your agreement, as it is possible for Social Security to claim a large portion of what you earn through a settlement. This is only one reason you need to hire an attorney.
Many employees who have filed Workman’s Compensation claims have found themselves in the uncomfortable position of dealing with employer initiated retaliatory actions. Examples of employer retaliatory acts include but are not limited to:
• Refusing to accommodate for light duty work assignments
• Reducing the hours of the injured employee
• Demoting the injured employee
• Demoting the employee
• Engaging in any act or discrimination or hostility
Make Sure You Get Everything You Deserve
If you are not able to return to your job, and your medical team determines that the injury you sustained on the job causes a partial or permanent disability rendering you unable to perform any type of work, you could be eligible to get weekly payments for the remainder of your life. There is a possibility that you could receive the total amount of those payments in one large payment. Because of the large sums of money involved in Workman’s Compensation cases, attorneys who represent employers are going to do everything they can to protect the rights and the fiscal bottom line of the employer. One of the tactics they use is stringing settlements out over multiple years to keep from paying employees the funds they need and rightfully deserve.
Experienced Worker’s Compensation attorneys know how to use the information in medical records to develop a story to show the severity of their client’s injuries and present the evidence in a manner that is conducive to winning the case. These types of attorneys are also skilled in the art of being able to review the information pertaining to cases, and estimating their worth based on that information. This helps them decide what the settlement offer should be.
When you have been injured on the job, you have to do all that you can to protect yourself and your livelihood. You also want to be sure that you are able to receive the medical care you need to help you live the best quality of life possible after your injury. Contact a Workman’s Compensation attorney to ensure your rights are protected today.