Why Get An Attorney?
Why get an attorney? When filing a claim for workers compensation it is important that you find a lawyer who resides in the area you live in. Laws can vary from state to state so if you live in Florida it would serve you no good to find an attorney in Michigan. Living in Iowa would mean that you should find yourself a workers comp lawyer, or one who lives in the surrounding area. This way you can ensure that you will be receiving the right information and the laws are relevant to you and your claim. A workers comp attorney will be able to help you decide if your claim is a valid one, as determining whether you are covered by workers compensation can sometimes be a difficult matter. In general, there are usually two main factors that will determine your status; whether you are an employee and whether the injury you sustained was a result of your employment. Even if both of these factors apply, there is still no guarantee that you will be covered by workers’ compensation. For instance, some employers in certain states do not cover workers compensation. Your attorney will be able to advice you accordingly.
Depending on the laws in your particular state you may be able to claim workers comp for an injury received outside of the actual workplace. A lot will also depend upon the specific facts of the individual case. Generally, if the injury occurred or arose “within the scope of employment” then he or she should be covered. This means that if the job entails travel or overnight stays in a hotel, and the injury occurred in the hotel being used for business purposes, compensation may be paid.
Also, if an employee runs an errand that takes him away or outside of the workplace and an injury occurs, compensation may be payable. If however, the employee deviates from that errand due to personal reasons, for instance going home to pick something up, the rules and facts will need to be examined more closely. Likewise if an employee is injured while attending a recreational even sponsored by the employer, such as a company outing or picnic, then compensation might be payable.
In all of these scenarios, as well as any other injury instance at work, the first course of action should be to notify the employer and fill out the claim form given to you. The employer should then submit the forms to the insurance company and the workers compensation agency.
If the employer should contest the claim, your legal advisor will help schedule a hearing and will prepare any evidence and supporting documentation such as medical reports etc, for you. He will present any and all evidence of your injury and its extent at the hearing, and will represent you in any claim or appeal as and when necessary. It is vital to make sure you receive the best legal advice possible, as without it you might end up losing your claim and any possibility of compensation benefits.
