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Category Archives: Workers Comp

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2 weeks ago Workers Comp

How to Be Successful in Getting Settlement for A Worker’s Compensation Case

After sustaining an injury while at work, you might have a hard time getting back to normal and being able to meet your daily expenses. Therefore, you should always do your best to ensure you get fairly compensated for your troubles by hiring an attorney from jglawnc.com. This is especially important because your injury can affect how you can handle things in the future, thereby negatively affecting your family’s financial welfare.

However, winning a worker’s compensation case usually has its fair share of challenges.

Here are some useful tips you should put in place to make sure your worker’s compensation benefits get paid in full

1. Quickly Notify Your Employer About the Injury

You are required to inform your employer about the injury immediately after it happens. By not doing this on time, you might fail to qualify for worker’s compensation because the deadline will have already passed. Usually, the timeframe within which you must have reported your injury varies from one state to another.

2. Fill the Worker’s Compensation Claim Form Accurately and Quickly

After making an official report to your boss, start the process of claiming workers’ compensation benefits by signing a compensation claim form. This usually needs to be done within a specific duration or else lose the rights to claim for the worker’s compensation benefits.

However, as you file your claim, ensure all the information is factual and error-free. Thus, you should have a family member or friend for assistance filing this form in case you are under heavy medication or experiencing a lot of pain. Moreover, make sure the claim form is not tidy and complete before submitting to the insurance company, or else risk slowing the compensation process.

If your employer tries to persuade you from filing for compensation, hire a personal injury attorney to get useful advice on what to do.

3. Seek Immediate Medical Treatment

The worker’s compensation case takes time before it can be finalized. Therefore, you should see a doctor promptly instead of first waiting for compensation from your employer. This is vital because by not doing this, you increase the chances your injuries are becoming more serious or permanent. Likewise, the insurance company or your employer may use this as an opportunity to argue that the workplace injuries weren’t as bad, hence why you didn’t seek immediate medical attention.

Thus, you should always seek medical care as soon as possible and avoid any of these unfortunate situations. As the doctor examines your injury, go ahead and explain how you got the injury while at work. This will help a lot in settling the payments and for documentation purposes.

4. Know the Worker’s Compensation Benefits You Are Eligible For

There are different types of worker’s compensation benefits, and each of these has different eligibility requirements and amounts. These include the following:

  • Medical treatment: This compensation benefit covers the necessary and sensible medical expenses
  • Temporary disability benefits: Payments made while you are absent from work and going through the recovery process
  • Permanent disability benefits: Compensation if an injury leads to a lifelong physical disability
  • Mileage: Payment for costs incurred when traveling to get medical care and any other travel linked to worker’s compensation
  • Vocational Rehabilitation: Compilation for the job retraining needed for you to find another job considering your disability

If you still are uncertain about the specific advantages of each of these worker’s compensation benefits, it’s best to hire the services of a licensed attorney. This is especially crucial since the adjuster working for the insurance company won’t fully explain the benefits of each of these worker’s compensation systems in a bid to try and maximize the company’s profits.

5. Be Cautious of Private Investigators and Surveillance

In some cases, insurance companies hire private investigators to survey every move you make to discredit your worker’s compensation claim. These investigators do this by spying on you while in your home and public places. In the process, they might find something which the insurance company might try and use to contradict statements made when you requested for worker’s compensation benefits. For instance, they might take pictures or videos of you lifting a box as a reason you aren’t seriously hurt, thus don’t qualify for compensation. The insurance company will use this despite knowing the package may not be as heavy as it looks.

You should hire a worker’s compensation attorney should you suspect a private investigator is following you your every move. These professionals will give you tips on how to be cautious and ensure no compromising surveillance finds its way on the investigator’s hands. Furthermore, you need to remain careful with your medical records, social media accounts, as well as any appointment you make with the insurance company doctor or vocational counselor.

Conclusion

Winning a worker’s compensation case is usually quite challenging. However, if you implement any of these useful tips mentioned above, chances are you will emerge victorious. As a result, you won’t have to worry about not getting compensated for injuries sustained while at work.

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4 weeks ago Workers Comp

How To Choose The Best Worker Compensation Lawyer For Your Case

Have your injuries and illnesses led to weeks or even months of no work and expensive medical bills?  You are likely eligible for workers’ compensation.

An expert attorney can help you through the complicated process of gathering evidence, negotiating with the insurance company, and representing you at a hearing. A law firm or an attorney with years of work experience have seen similar cases as yours in the past and will know the best ways to prove your claim.

To ensure that you receive the compensation you deserve, it’s important to hire an attorney with the right expertise and experience.

Here are tips to choosing the best workers’ compensation lawyer for your case

Ask For Recommendations

One of the surest ways of finding a good lawyer is to ask for recommendations from friends and family. Lawyers with high word-of-mouth referrals from happy customers are usually  trustworthy; referrals tend to be more honest than advertisements. Also, state and local bar associations can also provide you with sound recommendations.

Finding a good workers’ compensation lawyer can take some effort, but it’s completely possible. Attorneys with a high referral rate are almost always capable of winning you a larger compensation than you would by yourself. For attorneys specializing in workers’ compensation and personal injuries, check out Appel Law Firm LLP in Walnut Creek for excellent options that could be beneficial to your case.

Ask Questions During Consultation

Most workers’ compensation lawyers will not charge you during the first consultation. A consultation session is usually dedicated to getting all the information regarding your claim. The attorney may ask you a range of questions to get a clear picture of your case. This is also an opportunity for you to ask them important questions, like their years of experience in handling workers’ compensation cases, if and who will be representing you throughout the case. You may also ask for some references of their work from previous clients.

Make Sure The Attorney Specializes In Workers’ Compensation Cases

It’s important to have a lawyer who focuses on workers’ compensation cases rather than someone who only dabbles in it. It can be beneficial to find an attorney who has the knowledge of the various work-related  injuries and illnesses and knows what injuries may be easy or difficult to prove in a workers’ compensation claim.

Check The Attorney’s Track Record

Look for an attorney that has already dealt with several workers’ compensation cases and has a good success rate. One way to check a lawyer’s success rate is to talk with their clients, who were successful in getting their claims.

Consider The Lawyer’s Sincerity

A lawyer who’s willing to go to trial to ensure that you get the compensation you are entitled to is worth considering. Also, look for someone who makes you feel confident. A sincere lawyer will not only be interested in you getting your compensation, but will also be concerned with your health. Find a lawyer who is willing to put that extra effort and step up in case your insurance company denies treatment.

Find A Lawyer You Are Comfortable With

Filling for a workers’ compensation claim is a very personal process. Look for a lawyer with whom you can.discuss things comfortably. A good attorney will answer your questions and address your concerns with patience.

Look Out For Professionalism

A law firm’s workers reflect its professionalism. The overall demeanor of the staff, the way they interact with their clients, and, of course, their ability to keep you regularly updated about your case through reports are some of the factors to help you determine the firm’s level of professionalism. Sense of authority, friendliness, and promptness, especially in addressing your concerns, are other essential qualities to look out for as well.

Understand A Workers’ Compensation Lawyer’s Responsibilities

1. Gathering Evidence

One of the main reasons why workers’ compensation claims are denied is because there isn’t enough medical evidence. An attorney can help you gather vital pieces of evidence, such as medical reports and signs of poor workplace safety, to support your case.

2. Negotiating Settlement

Your attorney should be able to negotiate with the insurance company to reach a worthy settlement. Your lawyer can also ensure that your agreement settlement is drafted correctly to avoid any further complications.

Conclusion

Finally, in order to find the best attorney for your workers’ compensation case, you would have to be patient. See, this is a process wherein you may have to meet a few ones before you find the right lawyer or firm that suits your needs.. Choosing a wrong attorney can lead to many complications. Once you have taken your pick, your workers’ compensation claim process can become a smooth cakewalk.

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2 months ago Workers Comp

3 Vital Steps to Take When an Accident at Work Is Not Reported Timely

At work, injuries can be of varying severities and but most consist of substantial wounds due to faulty or massive apparatuses or unkempt grounds. Getting hurt is one upsetting thing and not being able to work due to injury is a whole another discomfort. In this pattern, if your injury compensation claim ends up not going through, the whole thing can become a burden. That is because workers’ compensation departments have some strict deadlines for presenting claims. And if you miss out on the opportunity, you may be deprived of your rights and the basic necessities in life forever.

However, there is no need to lose hope yet, as where there is a will, there is a way. So down below are some things you can familiarize yourself on to help your claim even after your employer had dismissed it.

Check the 3 steps below

Consult Your Employer

Having your rights provided first and foremost is the right way to live. However, in a situation like this, you can risk your job, so it may be better first to talk the issue out. Until you talk to your employer and find out what their intentions or logicality were for not releasing your claim to get your compensation you won’t know if the actions you take can hurt your job OR not. So sit down with your employer and ask about their obligation towards dismissing the workers’ comp and try to reason with them. If possible, you can encourage them to go through with your claim and get you your rights the accurate method without any feud that could put your job on the line.

Get to Know Your Rights

First of all, if you think that your employer has overseen your personal injury, you need to know what your rights are to fight for them. Not knowing your right and the regulations to workers’ comp can put you in a confused and an uninformed position where you won’t know which strings to pull to get your privileges met.

When the time of filling and/or receiving compensation claim, gets closer to due or ends, it is an indicator that your application may not have been supplied to the Department of Labor. And the blame directly points at your employer, the sole person who you reported the injury to and one who has the responsibility of supplying it forward.

It’s Never Too Late to Stand Up For Yourself

If you had filed your personal injury at work report to your employer in the precise method by filling out a form and supplying accurate information, then you must know that it is right to get the compensation. And if you don’t see this lawful act going forward into the recompensing phase, take actions as soon as possible. You can go to the workers’ board and file the claim yourself and comprehend the response. Or a more accessible way would be involving a lawyer that can guide you through the legal process.

Survey and pick out a reliable firm specializing in the field of your interest, a good example being Angelus Law compensation solicitors to have your rights met in the most benefiting way. A compelling reason for hiring a lawyer can be that filing a claim is a long term process which also requires proof of the employer’s mishandling and other things that can be best figured out by a law practitioner. Moreover, if the situation becomes severe with your employer or you are too late for getting the compensation, a lawyer will know how to pull you out of these conditions.

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2 months ago Workers Comp

Trying to Get an Injury Claim? Keep These 5 Things In Mind While Applying For a Compensation

Falling prey to an injury in itself is a painful event. And then, when the hassle for getting a claim for this injury increases, challenges go on a rise.

And several legal concerns are associated with the claiming procedure, one has to be totally mindful while applying for a compensation.

In this post, we are talking about how this can be made easy.

Here are five things that you must keep in mind when you are claiming your injury compensation

1. Don’t Lose Evidence

In order to receive a compensation claim for your injury, you will have to prove the cause of your injury when asked.

And the evidence of the accident will surely be of great help in that.

So, whether it’s CCTV footage or a voice recording, a picture, or anything else, if it’s relevant to the accident, make sure you don’t lose it.

Preserve it with safety so that you can produce it at the right time. This will make your case strong.

2. Get Medical Reports and Treatment

You may not be able to actively participate in your case until you recover from the injuries. So, first thing after the accident should be to get medical treatment to cure your injuries.

Also, make sure you get the right medical reports to prove the amount of damage caused from the accident.

Specific information regarding your injuries may be requested as proof. This will also help your case.

3. Have Patience

While recovering from an injury with an ongoing compensation claim case, you may feel eager to get the check right away. However, this may not always be the case.

Also, if you accept the first check that the other party offers, you may be losing out on the actual amount that you were about to get.

So, don’t just focus on getting a check.

Make sure you get the right amount that your case is really worthy of.

To get an idea of the actual worth of your case, you can use a personal injury claims calculator.

This will make you aware and keep you from settling for too little.

4. Get Your Paperwork Right

Paperwork is an integral part of any compensation claim that you may apply for.

Being irresponsible with this aspect will make your case weak before it even commences. Surely, you wouldn’t want to let that happen.

So, be completely careful with paperwork. All of your documents are going to pass a specific legal process. In such situations, there’s little to no scope for error.

5. Don’t Be Late To File Your Case

A case that is filed late may have to go through and be judged over an unnecessary bunch of questions.

This can bring up several uncomfortable and unfavorable situations for you.

So, if you are planning to wait for some time and then file your case, be prepared for the consequences. Otherwise, file your case as soon as you can.

Also, in most cases, people filing the case have to follow certain time limits and guidelines. If the time limit is exceeded, your case may already be closed before you would actually file it.

Final words

Getting a compensation claim for your injury can often be a tiring affair. And then, if the process is not followed appropriately, the results may also be disappointing. That’s why there’s always a need to be mindful while applying for compensation.

In this post, we shared five tips that can help. Hopefully, you enjoyed reading this and found it useful.

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3 months ago Workers Comp

Where Can I Find A Workers Comp Doctor?

If you’ve sustained a workplace injury, then chances are you need a workers’ comp doctor. Luckily, this is easier than you think. There are countless doctors dedicated to helping you, providing quality care.

The type of doctor you see will depend on the kind of injury you’ve sustained at work.

Keep reading to discover how to find a workers’ comp doctor accepted by your insurance provider

Finding a Workers’ Comp Doctor

Begin by reporting your workplace injury to your supervisor or employer. Make sure to fill out any necessary paperwork for filing a claim with workers’ comp.

You’ll need to see a workers’ comp doctor depending on the type of injury you’ve suffered. This may include a medical doctor, Osteopathic or Podiatric physician, as well as Oral and maxillofacial surgeons.

It’s also possible for a nurse practitioner to care for you.

These specific doctors will treat you as well as provide specific work instructions, such as light-duty requirements.

Fortunately, states like New York will allow you to choose your own doctor. However, make sure your employer doesn’t require you to follow their specific managed care protocol.

You can begin by asking your employer if there is a specific doctor they can refer you to, or call your insurance provider for a list of referrals. If you are part of a union, your local union rep should be able to advise you on medical professionals that participate with workers’ compensation claims.

Once you have a list of physicians to contact, make sure they fit the bill for your specific medical condition.

What to Look for in a Doctor

First and foremost, find a doctor you feel comfortable with. Depending on the nature and severity of your injury, you may be working with this healthcare professional for a substantial length of time.

It’s also important to find a doctor with a flexible schedule to accommodate seeing you. A physician who is booked for several weeks may not be the most helpful for your specific needs.

Additionally, look for doctors who have extensive experience with your specific condition. They should also be willing to work with your workers’ comp medical fee schedule.

Make sure their office is aware of the process associated with workers’ comp claims, and that they are supportive of the process and comfortable with writing detailed reports.

Finding workers compensation doctors is easier than you think.

Healthcare You Can Trust

Talk to your insurance provider or your employer about health care providers that accept your insurance and will work with you on a workers’ compensation claim.

Make sure you trust the treating physician and that they are experienced with your type of injury. Be sure to keep detailed records of your treatment and complete the necessary paperwork when working with a workers’ comp doctor.

We invite you to check out our other informative articles and explore other blogs on our website. We’ll provide you with expert legal advice and assist you with all your workers’ compensation needs.

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4 months ago Workers Comp

The 10 Most Common Benefits from Workers’ Compensation claims

According to USA’s Workers’ Compensation Act, it is the law that requires employers to provide workers’ compensation insurance to every employee, even if they hire a single unpaid intern.

This act safeguards the rights of employees in case of any work-related injury or illness. And provide them with adequate compensations and benefits.

Thankfully, there are many worker’s compensation law firms and worker’s compensation lawyers that help protect the rights of employees. It is estimated that almost 91% of the employees in Illinois are covered under the act.

The 10 most common benefits from workers’ compensation claims to help facilitate the employees are

1. Medicare and Treatment benefits

All work-related injuries and illnesses are treated through the workers’ compensation claims. This includes everything from doctor’s fee, medical tests, any medical procedures required e.g. stitches or operations, to even therapy.

All the expenses will be beared by the insurance company.

2. Wage loss benefits

If the injured employee is unable to continue their duties due to injuries, then wage loss benefits will be granted to them.

There are two types of wage losses

  •  Temporary Total Disability Benefits (TTD)

If the employee misses work for a few days only. Then they’ll be compensated for days missed.

  •  Permanent Total Disability Benefits (PTD)

If the employee’s injury is to the extent that they’ll never be able to work again. Then compensation till the age of retirement is granted.

 

3. Prescribed drugs

The drugs prescribed to the injured employee till the recovery from injury are all beared through the benefits. This includes the cost for delivery of medicine to one’s home.

4. Fuel Reimbursement

The fuel expenses due to hospital visits or visits to doctors are also reimbursed through this claim.

If one does not have personal transport, then transport is provided by the company.

5. Special Modifications to one’s home

If the nature of the injury is such that special equipments and modifications might be needed in your home e.g.

  • Wheelchairs lift
  • Wheelchair ramps
  • Redesigning room for special care

These are also included in the benefits

6. Special equipments

If the injury renders the employee temporarily or permanently disabled, then the cost for special equipments would also be beared by the company

The equipments may include

  • Wheelchairs
  • Prosthetics
  • Walkers

7. Health care assistant

If the injured person requires special assistance in daily activities from personal assistant e.g. for bathing, dressing, cooking etc. Then this will also be provided by the company.

8. Retraining and reeducation

If work injury prevents the employee from doing their previous jobs, and switching jobs is in their best interest then the expenses for training and education for the new job will be provided by the company.

9.  Death benefits

If an employee dies due to work related accidents or injuries, then death benefits will be paid to employee’s spouse and dependent children (till the age of 18).

10.   Funeral benefits

All the funeral related expenses will be beared by the company.

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No Good Deed: How to Protect Yourself as a Whistleblower

It’s no secret that life isn’t easy. Sometimes you’ll find yourself in uncomfortable situations where you will have to make tough decisions.

For example, you might come into contact with delicate information or see something illegal. When this happens, you might find yourself in a position of having to shine a light on misdeeds that could lead to criminal prosecution.

Whistle blowing can be the most stressful thing you’ll ever do. After all, no one wants to have to point the finger at someone else and potentially send them to prison. But when you do, you need to be sure that you don’t become the victim of retribution.

This article takes a look at how to be a whistleblower. Keep reading to discover insight into this topic so that you can make sure that your rights are protected.

Document Everything Possible

Once you’ve made the decision to report the suspicious activity, you’ll need to document everything possible. This includes writing down anything you’ve witnessed, printing digital files, and making copies of any video or audio that might be pertinent to the case at hand.

It’s also important to save emails and other forms of communication and computer content in a location where you’ll have access and won’t have to worry about it possibly getting deleted.

Keep Your Documentation Somewhere Safe & Secure

Next, be sure to hide the documentation somewhere safe and secure so that it won’t get lost or stolen. It’s important to take this action as quickly as possible, especially if people are aware of your intention to bring illicit activities to light. After all, the guilty parties will want to cover their tracks, including the desire to destroy any evidence that could lead to convictions in a court of law.

Be sure to store the documentation outside of the workplace, but not necessarily at home. You might want to consider renting a safe-deposit box or even renting a storage unit on a short-term basis to ensure that the documentation remains safe for as long as necessary.

Get Legal Representation

The next step is to retain legal representation as soon as possible. It’s crucial to find lawyers who specialize in fighting defamation. After all, you can expect your character to be called into question. Thus you’ll need legal representation with experience handling those types of cases.

The sooner you’re able to retain lawyers the better. Because you’ll be threatened, bullied, and manipulated, and you need to make sure that someone has your back and is looking out for your rights.

Skilled lawyers will be able to provide reassurance, offer advice on how to live your life day to day, and coach you on what to expect and how to stay safe during the investigation and potential trial.

The experts at TheWhistleBlower.com can provide the help you need.

Report Your Findings

Once you’ve gathered all necessary documentation and hired solid legal representation, it’s time to report your findings to the appropriate authorities. This will typically involve a law enforcement agency such as the FBI, the Attorney General in your state, or any other office that can respond directly to your allegations.

You should do this as quickly as possible. And try to meet with the law enforcement agency face to face if possible. This will help you communicate more effectively as well as help to build credibility as you discuss the situation.

The purpose of your initial meeting is to report what you’ve personally witnessed or uncovered. Be as thorough as possible and list all evidence you’ve gathered and explain why the evidence is so important to the case.

Limit Who You Talk To

Don’t discuss the situation with anyone outside of your attorneys and the government agency overseeing the case. Resist the impulse to talk about t around family or friends. Keep in mind that rumors and gossip travel fast. That’s why it’s important to keep your mouth shut. Because the more you talk about it, the greater the chance that you might say something that could end up damaging the case or your reputation.

Stay Somewhere Safe

Depending or the situation, you might not feel stay staying at home. Perhaps you could stay with family or friends, at least temporarily until the situation blows over and the heat is off. Every case is different, but just keep in mind that guilty parties will often attempt to locate and silence a whistleblower, especially if the accusation is serious enough.

This ultimately might not be necessary, but it’s always smarter to be safe than sorry.

Save as Much Cash as Possible

You’re going to need as much money on hand as possible. After all, you might be forced to relocate in order to stay safe. This will require cash so that your movements can be tracked.

Whistleblower retaliation should be taken seriously, thus you need to be prepared to act quickly and decisively, and this could require having the financial resources to make any necessary travel or relocation arrangements.

Consider Reaching Out to Journalists

Another aspect of making allegations of crimes such as corporate fraud is the necessity to make the story public. This your chance for journalists to become your allies. After all, it’s crucial for the public to be made aware of crimes so that those who are guilty can be brought to justice.

Know Your Rights

It’s crucial to remember that you can’t be pushed around. You have legal rights that protect you from retaliation. That’s why it’s so important to hire skilled legal counsel and to educate yourself about whistleblower rights.

Try to Stay Positive

One of the most important things you can do for yourself during this emotional and challenging time is to stay positive. This will help you stay as strong and healthy as possible.

Important Tips for How to Be a Whistleblower

There’s nothing easy about telling the truth in the face of hate and threats. And yet bringing criminals to justice is incredibly important. Fortunately, these tips for how to be a whistleblower can help make the process a bit less stressful.

Keep scrolling to discover more great legal tips and advice.

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4 months ago Workers Comp

Babcock Trial Lawyers, in Baton Rouge, LA Now Accepts Workers Compensation Cases

Accidents in the workplace are quite a common incident, and they can happen at any time. The accident might take place due to the negligence of the employee or the employer. Whatever be the case, workers will get compensation for the losses incurred at the workplace. If you are a worker in someplace in Baton Rouge seeking workers compensation, you can seek assistance from Babcock Trial Lawyers. Workplace accidents are covered under the Louisiana Workforce Commission’s workers’ comp program.

The coverage offered in the program is quite extensive. Along with covering the medical bills, there is compensation for the lost wages of the victim. Therefore while the worker recovers from his/her workplace injuries, he/she will keep on receiving payments.

Workers’ compensation offered by employers in Louisiana, Baton Rouge

One great thing in Louisiana is that all employers are entitled to pay their employees workers’ compensation in case of an accident or uneventful circumstance regardless of the number of people who are employed with the employer. All kinds of employees – part-time, seasonal as well as full-time workers are eligible for the benefits under the compensation program. However, independent contractors and contract workers are not entitled to the benefits of the program.

When a person is injured while being on the job, he will obtain medical insurance for the injuries at the workplace. The insurance program will not only cover the medical expenses which are being incurred in the treatment of workplace injuries, but it will also provide wage compensation to the injured employee.

A certain percentage of the lost wages are given to the employee. The injured person gets compensation for the wages till the time the doctor recommends him to be fit to be able to join work again.

The trial lawyers at the law firm know about these compensation programs in detail and guide people well so that they get the best compensations against their workplace injuries.

Workers’ compensation regardless of the fault of employee/employer

If you thought that the workplace injury that you suffered was due to your failure and hence you are not eligible for the compensation, you are mistaken. In Louisiana, workers’ compensation benefits are provided regardless of the fault of the employee or employer. All workers and all injuries are covered by the program irrespective of the kind of accident.

The crucial point is at the time of the accident; an employee has to be present at the job site.

However, there exist a few exceptional clauses. The compensation benefits might be denied if the employee is found to be under the influence of alcohol or drugs at the time of the accident.

In such a situation, obtaining help from trial lawyers covering personal injury cases from Babcock Trial Lawyers is recommended. Their guidance can be pivotal in resolving any confusion regarding the legal rights of the impacted workers.

How can Babcock Trial Lawyers help employees in receiving workers’ compensation?

At Babcock Trial Lawyers, many employees have received great workers’ compensation benefits with the help of their proficient personal injury attorneys, specializing in workers’ compensation cases. Right from filing the lawsuit to the completion of the same, the attorneys assist their clients so in gaining maximum compensation for the losses.

Even if an employee has been denied compensation benefits, lawyers from the law firm can re-appeal for the case. The trial lawyer will present all relevant documents, medical reports, accident reports, etc. in court to prove the authenticity of the injuries so that the case is established.

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4 months ago Workers Comp

How to Choose the Right Workers’ Comp Lawyer

Filing a workers’ comp claim can be stressful and overwhelming; there’s a lot to take into consideration, which can be mentally and emotionally draining. When submitting a workers’ comp claim, it’s essential to know your rights and what you could be entitled to; that’s why hiring a worker’s comp lawyer that is just right for your case is important. There are a lot of things to consider when choosing an attorney; such as does this attorney have my best interest in mind? Or, does this attorney have enough experience and a high success rate?

It’s crucial to do your research to find an attorney in your area that will help you with your workers’ comp case. By not conducting research prior to hiring a lawyer, it’s possible that you could hire an attorney that isn’t right for your case, creating issues down the road.

According to a workers’ compensation lawyer in Philadelphia, if you are unsatisfied with your lawyer’s performance, you have the ability to fire him or her at any time and switch lawyers. However, he points out that switching lawyers during litigation often comes with consequences that can make your case more difficult. Therefore, it’s best to hire a lawyer right off the bat that you know will represent you accurately throughout your workers’ compensation case. Below are a few tips to keep in mind as you decide which worker’s comp lawyer is right for your unique injury and unique claim.

What Should I Look for in a Worker’s Comp Lawyer?

Compiling a list of potential lawyers is easy; however, selecting the one that is best for your case can be challenging. Every workers’ comp lawyer is different, as is every workers’ comp case. Here are some things to look for in your potential workers’ comp lawyer:

An attorney that specializes in workers’ compensation cases

A seemingly obvious thing to look for, however, sometimes lawyers will advertise that they specialize in a particular area, when in fact, they do not. Looking for an attorney that specializes in workers’ comp cases can be done by doing extensive research and reading reviews.

Lawyers specializing in a different area of practice may have some experience with workers’ comp cases, however, if this is not their primary area of practice, it’s advised to look elsewhere for legal assistance. You will not get the same level of legal aid when working with an attorney whose primary area of practice is not workers’ comp.

An attorney that will prioritize your treatment

Choosing an attorney that will prioritize your treatment as well as your case is an important thing to keep in mind. You, of course, are filing a workers’ comp claim because you have been injured on the job and are seeking compensation; the right workers’ comp attorney will recognize your injury and prioritize that just as much as your actual claim.

When choosing your attorney, make sure you choose one that will get you the best medical treatment possible, as well as someone that will fight for your employer or insurance company if there are any claim denials.

An attorney that can answer all of your questions

Knowing what to ask your attorney can be difficult, especially if you aren’t familiar with workers’ comp laws. Upon meeting with an attorney, it’s recommended to come up with a list of questions to ask your potential workers’ comp attorney.

Questions to ask your attorney:

  • How long have you been practicing workers’ comp law?
  • Will you be working with my case personally?
  • Will I be charged if my case isn’t successful?
  • If I call, will I speak to you directly?
  • What are the strengths of my case?

Finding the Right Workers’ Comp Attorney

Your workers’ comp lawyer should have your best interests in mind to help you win your case and to help you receive the compensation you deserve. Make sure to do appropriate research and to keep these tips in mind when selecting an attorney that is right for your case and your personal needs.

Note: “According to a worker’s compensation lawyer in Philadelphia, if you are unsatisfied with your lawyer’s performance, you have the ability to fire him or her at any time and switch lawyers. However, he points out that switching lawyers during litigation often comes with consequences.”

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What Qualifies as Wrongful Termination?

Anyone can tell you that being fired is a stressful experience. In addition to the obvious financial loss, unemployment can cause a person’s confidence to be shaken and their professional reputation to be damaged. Job termination can be especially painful if you believe you were let go without a good reason. If you feel that you have been discriminated against or that your employer fired you for retaliatory purposes, you may want to consider suing your ex-employer for wrongful termination.  There are a few circumstances that you will want to consider when deciding whether or not a lawsuit is necessary.

What is meant by At-Will employment?

The state of Texas is an “at-will” state when it comes to employment law. This means that either the employee or employer may end the working relationship at any time, for any reason. There are a few exceptions to the rules. An employer may not fire you for taking time off for voting or to participate in an emergency evacuation. Your employer may not fire you for refusing to participate in genetic testing at work. A company may not fire you for blowing the whistle on them if they have broken the law.

Knowing when to File a Complaint

If a company has violated your civil rights, you may want to consider a lawsuit. There are a few reasons for termination that are considered legitimate civil rights violations.

Discrimination

Although there may be many things an employer might dislike about an employee, there are certain reasons for which a person may not be fired.  The Civil Rights Act. was originally passed as a way to establish equal access to public places. As time progressed, the law was modified to protect workers’ rights and to include the protection of women.

If you think you were fired from a job because of your religion, or your country of origin, you should file a complaint with the EEOC office or with the Texas Workforce Commission—Civil Rights Division. The two offices share work equally, so it should not matter which office you choose. In the State of Texas, you have 180 days from the time when you believe the discrimination began. Federal law allows you 300 days to file, but it is wise to adhere to the state law. Once the claim is filed, you must allow the office 180 days to investigate your claim. If your case violates federal law, it may be removed and sent to Federal Court.

After you have filed your claim, the office you filed with will investigate your claim and send you either a letter of dismissal or a right to sue letter. If you get a right to sue letter, you can proceed to court.

Retaliation

If your employer fired you because you turned them in for violating the law, they have violated the WhistleBlower Protection Act. You can file a lawsuit in federal court.

Breach of Contract

If you have a written contract with your employer and that contract specified that your job will begin and end on a certain date, you may be able to sue that employer for breach of contract. It is a good idea to have an employment lawyer in Dallas look over the agreement that you had. They will be able to tell you if the contract will hold up in court and develop a strategy to negotiate with your employer.

What to Look for in a Lawyer

Be sure to select an attorney with a stellar reputation with the state bar and with their former clients. You should also select someone with years of experience in employment law. With the right representation, you can get the money you are entitled to and move on with your career.

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