Availing of Workers’ Comp Benefits and the Possibility of Pursuing Further Legal Actions

For individuals whose work is their main source of livelihood, an incapacitating work-related injury or an occupational disease will certainly have an overwhelming effect. Aside from the physical harm, an injury or disease can lead to crippling financial consequences that can only worsen a person’s life situation, making the necessary medical treatment, which can be costly, optional; to forego medical care, however, can result to longer recovery period, extending, likewise, the days of inability to return to work.

The approval of the workers’ compensation benefit in 1908 was a major help to workers who figured in accidents while performing their job or who developed any disease due to daily exposure to, or contact with, hazardous substances. This state-mandated benefit, which is in the form of an insurance program, was established to provide sure and immediate financial assistance to injured workers, covering lost wages, medical treatment, disability, vocational rehabilitation and death.

Due to the many fraudulent claims in the past, approving claims have been made stricter and a statutory period, during which a claim will have to be filed, has been set by every state. Workers’ compensation, however, does not consider fault, thus, approval can be granted even if the accident were due to the injured worker’s own act of negligence; is it, likewise, never dependent on the company’s or employer’s financial capabilities as payments are made by insurance firms.

If it can be proven that: the accident that caused the injury was intended by the employer; that the employer does not provide workers’ comp; or, that the injury is too severe or leads to death, then the injured worker is given the right to pursue further legal actions against his/her employer; otherwise, workers’ comp states that the employer should be free from any legal responsibility.

Being injured and concerning oneself simultaneously with the preparation of all the necessary documents required for the filing of a claim can be too much concern for the injured worker and his/her family. Knowledge of the possibility of having the right to pursue further legal actions may also elude the victim as he/she may not have a full understanding of the law. It is within these circumstances that workers’ compensation lawyers, according to the website of Wilson Injury Law, offer victims sound advice on how to go about filing their claim and know what kind of hurdles to expect throughout the process.