As a workers compensation lawyer Memphis TN knows and trusts, I see a lot of cases come across my desk that aren’t technically workers comp. And sadly, I also hear about a lot of cases that should be workers comp, but people don’t realize it. That all makes sense. The law can be confusing, and severe injuries can leave people in the hospital for a long time, confused about what happened and how to proceed.
Injuries of any kind can be incredibly costly, so you want to make sure the right person pays for it. And in some cases, that might be your employer’s insurance company. Here’s what makes something a workers comp case:
- You Were Injured on the Job
This seems broad because it is. It can mean a lot of things because of how much the job requirements may vary across different industries. For truck drivers, it can mean an accident during a delivery. For office workers, it might include a chair breaking or a slip and fall in the company kitchen. Generally workers comp will go into effect in those cases even if it was partially the worker’s fault. You should report any on-the-job injury to your employer, and then the employer should report it to their worker’s comp insurance provider.
- You Developed a Work-Related Illness
Some jobs expose workers to dangerous chemicals and toxins that can hurt them over time. Famously, asbestos-related job may lead to mesothelioma. Similarly, desk work can cause carpal tunnel over time. These cases can be harder to understand and to prove, but they can also be the most costly for you if things go wrong.
Getting Workers Compensation for Your Injury
If you’ve been injured on the job, I recommend you speak with a workers compensation lawyer as soon as possible. Workers comp cases are time-sensitive, and it’s important to get started as soon as you can.
Without an attorney, a few things can happen. Many people receive a denial at first and just accept it as the way things are, even if they have a right to the compensation. Many others receive far less in their settlement than they need to recover from their injuries.
An attorney helps you make the strongest claim possible so you can get the full compensation you’re entitled to after an on-the-job injury. And the attorney fees are set by law to a small fraction of your past-due benefits, so you don’t lose anything out of your future payments. That’s a good deal when the alternative might be leaving empty-handed to pay for your injury on your own.
Thanks to our friends and contributors from Darrell Castle & Associates, PLLC for their insight into workers compensation.