When can you Claim Work Compensation?

Being involved in a workplace accident can leave you hurt, frustrated, and with a lot of questions. If you are wondering if you need the help of a work injury lawyer, answering these 6 questions can help you decide if seeking legal help for your work injury is the right way to go.

1. Were you injured in an accident at your workplace? - In order to receive workers compensation for your work injury, the accident has to have occurred at your job (in some States traveling to and from work is also covered).

2. Are you considered to be an employee? - You must be an employee in order to receive workers compensation for your work injury. There can not be any question as to whether you are a contractor, temporary, or subcontractor if you are filing a work injury claim and expect to win. If you are not an employee that does not mean that you are not entitled to compensation, but you will need to explore other methods of compensation rather than workers compensation.

3. Did you suffer your injury due to the negligence of your employer? - Was your injury the fault of your employer or someone else, including yourself? Under workers compensation you are not required to prove that your injury was the fault of your employer due to negligence. For a common law claim you will need to prove negligence and need assistance.

4. Are you unable to return to work? - If as a result of your work injury you are unable to return to work due to company prevention or medical advisement that can cost you financially and can require you to seek legal help in being allowed to re-enter the work place.

5. Are you being pressured by the insurance company or your employer? - Is your employer or the insurance company threatening you to sign paperwork? Are they pressuring you to return to work or to agree to any terms that you are uncomfortable with? Don’t be bullied into taking actions without first understanding them.

6. Has your claim been denied? - If your claim has been denied then it’s not too late to seek help. A work injury lawyer can still work with you and your employer to review your case and provide you any compensation you may be owed.

If you answered yes to any of these questions then you should seek the help of a work injury lawyer in resolving your work injury claim.