Workers Compensation refers to the laws in each state of the U.S. that offer workers various benefits depending on the situation from which the legal dispute arises between the business, supervisor, or insurance company and the worker. The following are some of the legal disputes over filing a workers’ compensation claim (not a lawsuit):
The first recorded workers’ compensation law in the United States was made in 1902 in Maryland. The first law covering workers at the federal level was passed in 1906. But it wasn’t until 1949 that workers’ compensation laws had passed in all states.
Grupo MedLegal has many years of experience handling this type of case successfully within the United States, creating an excellent reputation, satisfied clients, and a great number of successful cases.
Although the terms vary from state to state, most state laws agree that workers should be protected and that, if an accident happens during the workday, they have the unqualified right to medical care and possible permanent disability payments, as well as rehabilitation and psychological therapy. It’s important to note that businesses and supervisors should always have a workers’ compensation insurance policy, and could face penalties otherwise. If an employee is hurt at work or contracts an illness resulting from his or her work, the employee can file a claim to recover workers’ compensation benefits
The following are the steps you can follow if you have been injured and want to be compensated: 1. You are injured at work or become ill because of your work. Cases of conflict at work leading to wrongful dismissal, discrimination, or harassment may also apply. 2. The manager or supervisor should be notified about the situation, accident, or illness in writing. 3. Medical care for wounds or injuries is requested, completing an evaluation of the damage that has been done and the possible consequences. 4. The manager or supervisor notifies the insurance company, which evaluates the claim and decides on the best solution. 5. If the insurance company decides in favor of the employee, he or she will be sent to the company’s medical specialist and will be compensated, e.g., compensation for lost salary and unemployment benefits, if applicable. 6. If the insurance company decides in favor of the company, the worker can present a formal appeal with appropriate authorities. You might think it would be a simple process that anyone could handle; however, it is due to this error that many workers, being unfamiliar with the process, fail to receive the benefits they are entitled to. A document may be missing, a deadline may be missed, or the appeal may be made incorrectly. This is why a good workers’ compensation lawyer is the best guide for appealing the decision to deny benefits. The deadline for correctly submitting a formal appeal varies from state to state, from two weeks to two years or more after the denial of benefits. These laws also protect workers from managers if they retaliate against workers for claiming compensation. The purpose of these laws is, after all, to protect workers and their families while also providing compensation without lengthy lawsuits
In theory, there are three types of benefits: Medical expenses. You can obtain the medical care you prefer and are most comfortable with as well as treatment for possible future injuries. These expenses should be covered in their entirety, including psychological treatment. Temporary or permanent disability. Depending on the evaluation of the wounds and damages caused by the accident or conflict, the worker has the right to a payment in proportion to his or her net weekly salary, with some limitations, while the victim is unable to carry out his or her regular work activities. If the worker applies for permanent disability benefits, there will be an evaluation based on the worker’s age, occupation, salary, the time he or she has worked, and so on. The evaluation of the worker’s injuries is the main factor in determining the amount to be paid. Rehabilitation. Rehabilitation involves everything related to the injuries following the accident with repercussions for the employee’s health. Compensation should cover all costs of rehabilitation, including medications, care, and devices. In many cases, you can secure a private attorney to help you make the claim. In fact, considering the difficulty in filing substantial workers’ compensation claims, it is often best to be represented by an attorney during the process. Lawyers are prohibited from charging for representation in workers’ compensation claims; any fees will be set by the judge if awarding compensation.
Grupo MedLegal, has over thirty years of experience defending the rights of clients regardless of their preferred language or immigration status. Whether carpenters, electricians, drivers, construction workers, janitors, waiters and waitresses, office workers, or factory workers: all workers have a right to workers’ compensation.