Workers Compensation Law

Worker's Compensation Basics

Most of the features and benefits of the Workers Compensation act are widely accepted as an improvement over the old system. Under commmon law the injured worker was forced to file a lawsuit against the employer in order to attempt to collect disability income and damages. Under the old common law system, it was necessary to hire a lawyer and prove that the company was negligent in order to receive compensation for your work-related injuries. The new system attempts to produce an equal give and take in that employers will pay benefits to the worker even if the worker was at fault in causing the accident and in return, the worker waives his right to sue the employer for larger damages like pain and suffering if the employer was responsible for the injury. This give and take makes up the core of the act but there are other provisions to the act that are beneficial to each party as well.

Another feature of the Act is that there is less waiting time in filing a claim and less waiting time to get benefits. Under the old common law system of suing the employer, a lawyer would under common law negligence bring a suit through the county district court and needed to prove fault on the part of the employer. This process could take months if not years depending on the degree of the injuries sustained. Now under the Act, workers compensation insurance companies have entire departments set up to handle the claims from employees of participating companies. Forms are filled out and filed sometimes the same day as the accident, doctors visits are scheduled and the entire process can be culminated in a little more than a month's time. While you are being treated for the injury the workers compensation insurance provider is required to pay you temporary disability if you can't immediately return to work.

It is widely accepted that streamlining the claims process in this fashion has produced a great benefit to the both the employer and also the injured employee. Even though the above-mentioned features have made worker's compensation claims quicker and easier, you still need to hire a worker's compensation attorney if you are seeking benefits for serious injuries where you can not return to work for an extended period of time. The work injury attorney needs to prove the extent of your injuries as they relate to your ability to do your job and we'll hire an independent doctor to objectively assess the extent of your injuries. Their assessment will often be in conflict with the judgement of the insurance company's doctors whose loyalty is to their company and not to you. Hiring a workers compensation attorney will give you the best chance of receiving maximum permanent disability benefits whether you are partially or totally disabled.

Sheona Kerr is a writer and blog editor for workers comp injury attorneys. She writes articles and other papers in the legal areas of Personal Injury Law. Through her personal injury articles she helps accident victims understand their legal rights. For more detailed information

This article was published on 22 May 2015 and has been viewed 763 times
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