When Do I Have A Case For Workers’ Compensation Benefits?
If you have ever asked “Do I have a workers’ compensation case?” the attorneys at Meshbesher Law Firm can provide the answers you need. While you might know that all 50 states have workers’ compensation laws, the laws regarding benefits vary somewhat state to state. If you suffered an injury or illness that stems from your job, your employer may be liable.
Workers Compensation Claims
Under Minnesota law, all employers must provide workers’ compensation coverage. While many people suffer injuries at work every month, the employers aren’t always liable under workers’ compensation law to pay. In general, the law applies to significant injuries and cases where the worker is not at fault. If you work while under the influence of alcohol and get hurt, the employer’s insurance company won’t pay.
Workers compensation laws generally do not cover injuries that happen off the clock. This means a slip-and-fall in the parking lot could be a workers’ compensation case if the worker were on the clock. If you were working outside and were injured in a fall, you can file a workers’ compensation claim.
The legal landscape for workers’ compensation benefits rarely changes, and many times the injured parties manage to settle the case without help from an attorney. In short, if you suffered an injury while working and needed medical attention or time off from work, or both, you have a workers’ compensation case. With luck, your employer and their insurance company will process the case without any problems and pay on time. If that does not happen, it is time to call a lawyer.
When To Hire A Lawyer
In general, if the employer or their insurance company causes problems, you should consult an attorney. For example, if the employer’s insurance company is paying what they owe and on time, you don’t need a lawyer. If the insurance company is still processing paperwork, you can probably wait before speaking to a lawyer.
A large fraction of workers’ compensation cases does not go as smoothly. If your case is being handled poorly, anywhere from first reporting it to getting a payment, it probably makes sense to consult an attorney. In particular, you should consult an attorney if:
- Your employer tries to deny that an injury is work-related.
- The insurance company is slow to pay or underpays what it agreed to.
- The insurance company declines to pay for a procedure or reveals that it intends to deny a claim.
- The insurance company offers an unsatisfactory settlement that doesn’t cover your costs.
Getting The Benefits You Deserve
A serious work-related injury can run up tens of thousands of dollars in medical bills and thousands more in lost income. The employer’s insurance company has a vested interest in paying as little of that cost as possible. This is where many legal disputes arise.
Sometimes injured workers do not get the full benefits they are entitled to. This is due to the complexity of Minnesota workers’ compensation law and the difficulties of calculating what an injury is worth. The insurance company is not going to give anything away. That is why you need an experienced attorney working on your behalf.
Don’t Fight This Battle Alone
In many cases, the insurance company offers the injured party a settlement amount or settlement terms that the injured worker should reject. Taking the first offer can be a mistake. Do not sell your case short.