Legal Help for Workers Compensation Claim

Workers Compensation claims will help a worker, who suffered injury at workplace on duty, to avail workers compensation benefits and medical care. Workers Compensation Claim is not as lucrative and advantageous as Personal Injury Claim is, but surely easier to avail. Workers Compensation case is looked after mostly by Personal Injury Lawyers, who got legal knowledge and skill to handle such cases too.  Personal injury case claims and workers comp claims differ. Difference between the two case types and claims difference include the following points
  • One is not entitled to the benefits for pain and suffering in workers compensation claims, unlike personal injury claims.
  • a personal injury claim is based on fault and a workers’ compensation case is not. In workers compensation case there is no fault or wrong doing of any person or any entity in any way. Workers compensation has nothing to do with
In a workers’ compensation case, the injured workers can only
  • Receive weekly compensation,
  • Permanent bodily impairment benefits
  • Medical bills
  • Vocational rehabilitation.
The workers’ compensation laws make it sure that all workers who were injured on the job would receive some weekly benefits and medical bills paid. In return, injured workers who opt for workers compensation loose the right to sue their employers and co-workers for negligence and also lost the right to collect damages for pain and suffering. This is very useful and important information for readers to know and keep in mind that 2 small classes of employees do not fall under any workers’ compensation laws:
  1. crewmembers of vessels
  2. Interstate railroad workers.
Vessel Crewmembers-If you happen to be a crew member of any type of boat, be it a cruise ship or a two person commercial fishing boat, you are not entitled to workers’ compensation benefits. Instead, a federal law known as the Jones Act legally permits you to sue your employer for damages, including pain and suffering, if you get injured on the job. Interstate Railroad Workers-  if you happen to be a worker of this type then you are authorized by a different federal law called the Federal Employers Liability Act (FELA) to sue your employer for recovering damages if you get injured  on the job. An experienced and highly skilled legal expert in this field, like for example Separovic: Workers Compensation Lawyers in Perth, can help you understand this workers compensation law basics; compensation proceeding and the legal process better. If your injury is minor and it does not pose any threat to your bodily functions for carrying on or resuming after a week time your current job, then you do not need legal representation at all. You will not get to recover damages for pain and suffering in workers compensation claim, unlike personal injury claims.  If your injury is too serious to allow you work again, a lawyer can advise you about filing for Social Security disability benefits as well. Your lawyer will help you know what you need and what you do not. It is very important to get proper medical treatment and to document your injury appropriately. The medical history should be able to properly demonstrate that you had an injury at work and that your symptoms are preventing you from resuming work. These documents are vital as they can add value and strength to your worker’s compensation claims.  Based upon such documents and information content of these documents, cases can be won or lost. Remember, some employers and insurance companies agree to pay limited work comp benefits. This is not to be compromised with as the law requires payment of all medical care and wage loss if you cannot work. Author Bio - Prisha Gupta is an experience writer on topics relating to digital marketing services, she also writes on trends that make you & your business more successful online.

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