Your Employer And Worker's Compensation: Why A Lawyer May Be Necessary
Every employer must maintain worker's compensation insurance to provide coverage for his or her employees in case of an injury or illness that occurred while on the job. The premium for the coverage is based on the number of employees and the number of claims to the policy. Because the premiums can increase if there have been a number of serious accidents at the establishment, employers may try to downplay the injury or deny the claim, or take some type of retaliatory action against you at work. A worker's compensation attorney can help you receive the compensation you deserve.
Downplay the Injury or Deny the Claim
Your employer may try to say that the injury did not occur solely due to work. If you are claiming carpal tunnel syndrome, or some other repetitive action injury, it can be said that the injury happened over time, starting before you began working at your current position. Your employee may also claim that you do the same actions at home, such as spending time on the computer, which could have caused or worsened the injury. Your lawyer will get all the medical documentation to show exactly what motions caused the accident and approximately how long the condition has been forming. If the evidence shows that the problem started while working with a previous employer, your lawyer will start a claim against their worker's compensation insurance too.
Retaliatory Actions
If your doctor has told you that you are able to return to work, but in a less stressful or physical capacity, your employer does not have to find something that you can do. However, if there is something you can do but the job normally pays a lower wage that what you were previously receiving your lawyer will petition the worker's compensation insurance to make up the difference in your pay. Once offered this position, you cannot be fired because of your restrictions. In addition, if you are capable of going back to your old position, the employer cannot fire you or demote you without a reason not related to the worker's compensation claim.
Most times, an employer has no problem with an employee filing a worker's compensation claim. However, if there has been a lot of accidents recently, or if your claim is going to be extremely costly, they might try to downplay the injury to avoid a large increase in premiums. You do not want to have any bad feelings between you and your boss; let a lawyer handle the situation in a non-threatening way. This way you get what you deserve without causing any trouble.
To learn more, contact a law firm like Leen and Emery.