Hiring workers comp lawyers near me can be a huge relief during this time. Not only can they guide you through the complex system of workers’ compensation claims, but they will also answer all of your questions. Compensation is provided in cases of work-related injury and illness and is designed to cover medical costs, wage replacement, and vocational rehabilitation. Serious injuries, however, may also qualify you for Social Security benefits and disability compensation. As such, having a workers compensation attorney is crucial. The process can become quite complex if you become disabled, and medical evaluations and testimony will be necessary.
Employers are required by law to carry workers’ compensation insurance
If you are an employer who has employees, you should consider workers’ compensation insurance. By law, employers with two or more employees must purchase this insurance, regardless of the number of employees. Employees include part-time, seasonal and temporary employees, as well as immigrants, minors, and working family members. The only exceptions are businesses that do not have any employees, and those that are sole proprietorships, LLC members, and partners. The insurance also covers the family of a worker who is injured at work.
There are several ways to avoid carrying this insurance. One way is to purchase a policy specifically for the insurance of exempt employees. If an employee is exempt from coverage, the employer may elect to cover him or her. If you have more than one employee with the same type of coverage, you will need to purchase a policy that covers both. If you are unsure of whether you are required to purchase workers’ compensation insurance, talk to your compliance administrator for more information.
Employees can file a claim without a lawyer
Injuries can be incredibly costly, and the cost of medical treatment can easily exceed the amount of compensation received by an injured worker. Even if the injury is not severe, it may require repeated doctor visits and medication refills. Additionally, the work injury may force a change of position or early retirement, which could negatively impact your salary. Although it is possible to file a workers compensation claim without a lawyer, it is often best to consult an attorney to ensure that you receive the maximum compensation you are entitled to.
The first step in filing a workers’ compensation claim is to notify your employer of your injury or illness. Each state has a deadline for reporting your illness or injury. You may be required to provide written notice if you do not meet the deadline. Failure to give the employer proper notice may result in the employer denying your claim. Another step in filing your workers’ compensation claim is filing a Claim for Compensation in Death Case (C-62).
They can appeal an adverse decision made by a judge
If the judge makes an adverse decision on your workers’ compensation case, you may have the right to appeal the decision to the Workers’ Compensation Appeals Board. This administrative body hears appeals from a judge’s findings and conclusions. You must file an appeal within 30 days of receiving the decision, otherwise, it will not be heard. Generally, your appeal will be considered if there are no other meritorious grounds for the decision.
If the judge rules in your favor, you can still appeal the decision. This is possible because the Appellate Division can review the record of the initial hearing and only consider evidence entered during the hearing. Depending on the case, your workers compensation lawyer may file briefs or request an oral argument. However, you must be aware that this level of appeal is discretionary and often sides with the employer.
They can pursue noneconomic damages
In addition to compensating medical costs, workers compensation lawyers can also seek noneconomic damages on your behalf. Noneconomic damages are the losses you cannot measure in dollar terms. For example, you may suffer from diminished quality of life or loss of talent or consortium. These losses may be less obvious, but they are nonetheless valid. If you are seriously injured or your family member has died because of your injury, you may be able to seek compensation for such losses.
Noneconomic damages include the loss of dignity. This can be in the form of disgrace, humiliation, or abuse. It can also include intentional disrespect. Another type of damage is mortification, which is the extreme feeling of shame that follows an event that has changed your life for the worse. While there are exceptions to this rule, it is important to understand that these types of damages are rare and cannot be recovered through workers compensation.