Qualifying For Worker's Compensation After A Job Injury

17 December 2014
 Categories: Law, Blog


Are you stressed because a work injury has left you out of work for a while? You may be protected financially through workers compensation if you did not act negligent when the injury occurred. Here is what makes you qualified for worker's compensation and how a lawyer can help you sue if necessary.

What Makes an Injured Worker Qualified for Workers Compensation?

You are financially protected by worker's compensation if you are injured on the job and need money to support your living expenses until you can work again. Qualifying for the benefits will depend on how the injury occurred and what the laws are in your specific state. An injury that occurred from negligently handling dangerous equipment is likely to disqualify you for the benefits, but your employer must be able to prove your negligence.

It is not good for you to expect to be compensated in the exact amount that you were paid each pay period, as your employer is not required to pay that amount. The typical worker's compensation benefits will usually average about two-thirds of what you were making on the job. However, you can sue your employer with the help of a lawyer if you are denied the benefits or given an unfair amount of money.

How Can a Lawyer Help Open a Lawsuit for Worker's Compensation?

Upon hiring a lawyer, be prepared to tell him or her details about what happened on the day of your injury. The lawyer will have to listen to your story to determine if you have a good case against your employer. The main thing he or she will determine is whether or not you are responsible for your own injury because you failed to follow the guidelines.

Your lawyer will obtain your medical records after asking you to sign a medical release permission form. It may also be necessary for you to discuss your living expenses to determine a fair amount of compensation. After all of the evidence is accumulated for your case, your lawyer may try to get it settled through mediation so you can get money faster. However, your lawyer must agree to mediation or the case will have to go to court.

You don't have to accept a denial for worker's compensation benefits when you did not do anything wrong on the job. Hire a lawyer to build your case and fight for the benefits you deserve as you are healing from the injury. For more information, look at websites like http://www.apersonalinjurynetworkil.com.