As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.
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Legal Support For Your Workers' Compensation Case
Irene Robertson
Being denied your rights to workers' compensation insurance coverage is not conducive to healing from your work-related injury or illness. A worker denied benefits could find themselves unable to work and without income or medical treatment coverage, and they need to take action fast to get things rectified. You may need the help of a workers' compensation lawyer when your claims are held up, they are denied, or you receive adversarial rulings for the insurer. To find what such a lawyer can help you do, read on.
Tasks a Workers' Comp Lawyer Can Perform for Hurt Workers
- Gather statements from co-workers who witnessed the accident and other evidence like camera footage.
- Write letters to your employer threatening legal action and challenging the way they treated your complaints of injury. For example, not all employers are educated about proper procedures for addressing and filing workers' compensation claims.
- Arrange for you to be examined and have diagnostic tests performed by a neutral doctor.
- Oversee the independent medical exam (IME) performed by the workers' compensation doctor and request a second opinion on the exam if the results are contrary to your opinion. For example, if the IME finds that your injury has healed enough for you to go back to work, you have the right to have another IME to challenge those results.
- Gather safety records from your employer including information about past accidents similar to your own as well as information about employee safety training and safeguards.
- Challenge drug test results. If an employee is found to have drugs or alcohol in their system after an injury, workers' comp coverage may be denied. If the test results were invalid, improperly handled, or poorly transported or if the referenced drug was prescribed to you, then you were unfairly denied benefits.
- Challenge the ruling of a permanent disability. If you are unable to return to your job because of your injury, the workers' comp doctor may rule that you have a permanent disability. Unfortunately, some workers are expected to work at alternate jobs that supposedly take into consideration their disabilities. For example, they may rule you to be only 25% disabled. That means a reduction in benefits and more.
- Negotiate on your behalf for your lump-sum settlement. If you cannot work at a job, you will need enough money to provide an income until you reach retirement age. It's vital that you not only get enough money but that other benefits and the way the payments are made are to your benefit. For example, the way the lump sum is paid can affect your Social Security benefits.
The workers' comp insurer has a team of lawyers at the ready to fight for their side, so get your own help. Speak to a workers' comp lawyer to find out more.
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