By law, employees that are injured at work are eligible to collect workers’ compensation benefits. In order for an employee to be able to collect benefits, he or she must have sustained an injury while performing regular work duties. Sometimes, other factors can complicate workers’ compensation claims to the point that an average worker may need to hire an experienced lawyer.
How Can Hiring a Workers’ Compensation Lawyer Help me?
A skilled workers’ compensation lawyer knows how employers and insurance agencies attempt to mitigate the payouts they provide to injured workers. Though this may be your first workplace-related injury, chances are that your employer and your employer’s insurance carrier have been through this before. Having an experienced law professional by your side will give you a better chance of receiving a fair settlement.
A qualified attorney can help you estimate your anticipated medical bills and lost wages. A lawyer also has experience in calculating a fair monetary figure for things like pain and suffering, the impact of stress caused by the injury, and the impact the injury has had on your life.
Having a lawyer handle your claim can help you focus your attention and energy on healing. A knowledgeable lawyer can concentrate on protecting your rights while handling all the claim-filing procedures and their related deadlines.
What if I am Not a Traditional Employee?
Some companies are known to designate workers as independent contractors when the workers are in fact operating as employees. Often, legal action must be taken to solidify that this employment distinction has been misapplied. The basis for the difference usually lies in the way the employer exercises control over the employee’s schedule or pay.
A lawyer knowledgeable about this distinction can prove that the employment arrangement is in fact an employer-employee relationship, which means that the employer is likely to have to provide workers’ compensation benefits.
Importantly, an independent contractor may have a clause in his or her contract stating that the company is liable for a job-related injury. Workers’ compensation would not apply, but the contract may tie the parties to an arbitration agreement to address an injury.
What if it is Debatable as to Whether or Not my Injury is Work-Related?
Workers’ compensation benefits are usually contingent upon the injury being work-related. However, benefits have been awarded for injuries that occur in the office cafeteria or at work social events, like holiday parties or company picnics.
What if my Injury is an Exacerbation of a Pre-Existing Condition?
Sometimes, a job’s repetitive work duties are responsible for strain injuries. Other times, a job’s physical requirements worsen an existing repetitive strain injury. In either case, worker’s compensation should cover the injury. Still, the employer or insurance provider might use the existence of a previous condition to make the case that the injury was not caused by the worker’s job duties.
What if my Claim Involves Extensive Medical Treatment or Requires Significant Time Off?
A significant work injury may call for extensive treatments. Some injuries may cause the employee to be unable to work for a long period of time. Both of these things cost money. If your injury is severe enough that you expect your recovery to require many surgeries or years of therapy, you will need to make a convincing case for your claim. A skilled attorney can help.
Downingtown Workers’ Compensation Lawyers at Wusinich & Sweeney, LLC Assist Injured Workers
Workers who are injured on the job deserve a fair settlement. Our Downingtown workers’ compensation lawyers at Wusinich & Sweeney, LLC help clients collect benefits related to work injuries or illnesses. Contact us online or call us at 610-594-1600 for a free consultation. Located in Exton, Pennsylvania, we serve clients throughout Downingtown, West Chester, Exton, Coatesville, Phoenixville, Malvern, Lyndell, Wagontown, Uwchland, Parkesburg, Chester Springs, Lancaster County, Reading, and Morgantown.