Workers compensation can be defined as the money that workers get paid (or compensated) when they suffer injuries on the job site. They can recover wages lost if the injury prevented them from working, they can have their medical bills paid and potentially even get disability payments. The law makes sure that both sides are treated fairly, as the employer has to be held responsible for breaching a duty of care.
Workers can’t sue for negligence, but the lawsuit process acts a lot like a typical court case. An employer or company can simply choose to contest a workers compensation case and argue that they were not the cause of the accident and shouldn’t have to pay.
The Process of Contested Cases
First, the employee will be seen by a doctor who will perform a diagnosis with regards to the injury. Unlike other instances where doctor/patient confidentiality is ironclad, both sides can use the resulting medical data in their arguments. The injured worker might use it to convince the Compensation Board that the injury is debilitating or painful. While the company might argue that the injury isn’t as bad as it seems.
The Benefits of Legal Counsel
For the injured worker, hiring a Chicago workers compensation lawyer, or a skilled attorney in their area, will help the employee maximize the benefits they deserve. The situation of compensation law can become emotionally charged with the employee seeing their company as heartless for not paying their compensation. On the other hand, with employers who are unwilling to pay the compensation due to the premiums, they can see the employees as greedy people who want more than they should get. If the injured worker doesn’t have a lawyer who can look at the situation objectively and cut through the emotions, it can be a major problem.
Be Sure to Defend Your Rights
If you were injured at the workplace and can prove that your employer broke his duty of care, then consider protecting your rights and asking for the compensation you deserve. If things devolve into a court case, then seek out effective legal counsel to ensure you are represented and treated fairly.
Don’t be afraid to take a risk and get the compensation you deserve under the law, even if you have to fight for it. Once you have the payment, it’ll allow you to relax and worry about healing.
