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.

Common Construction Injuries

Any construction area creates potential hazards, not just for workers but also for people who walk or drive near the area. Construction injuries affect innocent people daily. They can range in severity from minor to life-threatening, and are often the direct result of someone’s negligence. In many cases, construction accidents do not stem from any malcontent and are truly accidents. However, no matter what the actual cause of a workplace accident happens to be, if another person is implicated in your own construction-related injury, then that person might be held accountable for the injury. Knowing more about the different kinds of construction accidents that might affect you can better prepare you for any accident that you face in the future.

Of all of the construction accidents that can affect you or a loved one, there are some that recur frequently. The following three types of accidents are fairly common and can have serious consequences:

  • Slip and Fall Accidents
  • Amputation Accidents
  • Wrongful Death Accidents

Generally, severity increases in descending order, though slip and fall accidents can also be associated with life-threatening injuries as well. In a lot of cases of the above accidents, another person acted negligently or unsafely in some way, which put an innocent person in the line of fire, making an accident much more likely. Victims should know, though, that they might have legal actions possible if they are innocently injured in a construction accident that was caused by another person.

More About Appealing the Denied Claim

Being involved in an accident is a very devastating event, especially if it leaves you severely injured that you can’t go back to your job for a significant amount of time. Suffering from a permanent disability can greatly impact your life, as well as the life of the people you love. One way to get through the physical, mental and financial burden that this accident has brought you is to ask for worker’s compensation, but this can be a long process, and a lot of these claims are denied. What can you do when you have been one of these people?

If your application has been denied, don’t fret or get discouraged. You can always appeal your claim. Most people, when their compensation claim has been denied, either just give up or tend to make a new application. Giving up means you will never have the benefits given to you, and reapplying can only give you the same results. Both options are just a waste of time and money. Appealing for your application is the best and most effective way to winning a claim and be given the compensation benefits.

You have a statistically higher chance of an approved disability benefit grant through filing an appeal. Filing an appeal for a denied compensation claim can be done online, or via your local office. There is a sixty-five (65) day appeal period given, which starts once you have received the denial notice. This process can be a bit complicated, so it is always a wise idea to have a lawyer by your side to help you file the papers, and to guide you through the whole ordeal. It is vital that you file the appeal before the deadline; otherwise you might need to reapply again, costing you a significant amount of time and money. Also, it helps to know why your first claim was denied so that you can avoid making the same error again in the future.