ExecutiveChronicles.com | Understanding Your Rights After Worker’s Compensation Claim | Although worker’s compensation is generally a right to which an employee is entitled, the actual process of making a claim can be a genuinely daunting undertaking. These laws also vary from country to country; hence our first bit of advice is to talk to a personal injury attorney. Opting for professional help will secure your claim from the very first step of the process after enduring a work-related injury.
While work-related injuries can often result from the negligence of an employee, in most cases, these injuries are a direct impact of workplace safety negligence. Even if your injury is notably minor, you are still entitled to claim worker’s compensation for all the costs that resulted from the injury. In many cases, employees are also able to claim for pain and suffering as a result of decreased quality of life.
The process is all the more of a challenge given that you are suffering a work-related injury or ailment. It is easy for emotions to flare under these circumstances, so in the spirit of emulating some good advice that will generally apply no matter where you are, we have put together this informative list of tips regarding your rights and how to enforce them.
Sign Nothing Without Legal Representation
There are near countless cases of people unwittingly signing papers that indemnify their employer ipso facto. There is no documentation that you need to sign with such urgency as not to have the time to consult your legal representative. Even if you can claim from a disability policy for a short or long-term injury, it is always best to rely on professional guidance.
All too often, a company will put employees in a situation where they feel forced to sign documentation. This is called agreement under duress, and it is illegal. You are well within your rights to note this fact. Your legal representative won’t just ensure you a positive outcome, but the assistance will also speed up the process of claiming significantly. In addition to this, you can also enjoy peace of mind in knowing you will receive fair treatment.
Be Sure That You Fully Understand The Nature And Extent Of Your Injury Or Illness
It would surprise nobody to know that your employer’s legal representation will most likely do everything in their power to invalidate your claim. The same can be assumed with regards to claiming from a disability policy. This certainly extends to taking advantage of legal loopholes and trickery. For this to work, they depend on you to slip up.
You need to understand the full nature of your condition, why you cannot work because of it, and why you will not be able to work in future as a result. You should even be aware of any recovery statistics and the treatments available to ease your suffering.
Don’t Give Them Anything To Hold Against You
This advice may at first seem dishonest, so please understand the reason we offer it. Do not partake in any activities, social gatherings, and events that may indicate that your quality of life may remain unaffected. This effort is not to exaggerate your condition, but rather to counteract anything that could negatively affect your claim.
If you have a severe injury, you may be able to stand for short periods before having to use a wheelchair or walker. One image of you standing unassisted is, sadly, enough evidence to spin against you and have your case dismissed. It sounds like the sort of thing that only happens on TV, but it is a legitimate tactic that can affect the outcome of your claim.
Don’t Let Your Team Take You To The Cleaners
While these sorts of claims can turn into ugly legal battles, it is not the only thing you should be concerned about. Your legal representation may be taking advantage of your situation. Your representation must give you a clear understanding of their costs, billable hours etc. Knowing your rights is vital when it comes to securing a positive outcome. Therefore, you should be confident that your chosen legal representative is well-versed in this area of practice.
Aim for representation that bills based on the outcome of the case. Should an attorney be confident in your case, they may wave all upfront fees in return for a percentage of the settlement. This speaks well for your case, and you can see it as an indicator that you stand an excellent chance to win it.