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Hazards Of Going It Alone In The Workers Compensation System

In many states, special workplace injury statutes limit an injured employee’s recovery against the torts of an employer or fellow employee. If your state has such a statute and you have been injured or disabled because of a workplace or job-related accident, your recovery may be limited by the framework of the statute.

Occupational injuries are much more common than you might think. According to the U.S. Bureau of Labor Statistics, more than 3.0 million nonfatal workplace injuries were reported in 2013, resulting in an alarmingly high incidence rate of 3.3 cases for every 100 full-time workers. Although many of these accidents occurred in traditionally risky workplace environments (e.g., construction sites, coal mines, and oils rigs), most were reported by employers in relatively safe settings. Below are 5 reasons to contact a workers’ compensation attorney in Fresno CA.

1. You Can No Longer Work

Severe occupational accidents may result in a disability that prevents you from working ever again. Because the insurance companies that provide workers’ comp coverage are not in the habit of cutting huge settlement checks unless they absolutely must, you will need the services of an experienced workers’ compensation attorney to handle negotiations for you. It is important to note that permanent disability settlements must last you and your family for the rest of what would have been your working years. Expert legal representation is needed to secure the largest possible settlement.

2. Your Employer Did Not Have Insurance

Because workers’ comp can be expensive, some unscrupulous employers do not carry it. If you were hurt on the job and your boss informs you that he does not have insurance, you can sue him for damages. As an employee, you have the right to be reimbursed for your boss for any out-of-pocket medical expenses, lost wages due to the injury, as well as your pain and suffering.

3. Your Employer Denies Your Claim

Because insurance premiums get more expensive the more claims you submit, employers are often reluctant to approve a claim unless they must. An experienced attorney can ensure that your boss understands the legal ramifications of denying a legitimate claim only because it might end up costing him more money for coverage.

4. Negligence Was Involved

Even if an accident caused the injury, gross negligence is grounds for a lawsuit. Whether the negligent party was your boss or another employee, you should explore your legal options with the help of a lawyer.

5. You Need Surgery

Once again, insurance companies are often reluctant to approve surgeries unless they are deemed necessary.

If an employer or fellow employee has committed an intentional tort and you were injured as a result, you will be able to bypass the workplace injury statute, file a claim in court, and potentially obtain a larger award if your case goes to trial. If this is the case, workers compensation attorney Fresno CA can help you navigate the procedural and evidentiary rules of court and will advocate on your behalf if the case ends up going to trial.

If you are barred from filing a civil lawsuit because of the special worker’s compensation statute, workers compensation attorney Fresno CA can help you file a claim. If your claim succeeds, you will receive a fixed monetary award to compensate you for your pain, suffering, and any losses you have suffered as a result of your injury.

If any of those mentioned above are true, you should contact a workers compensation attorney Fresno in CA as soon as possible.

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About the Author

NY Criminal & DWI Defense attorney Eric Sachs provides dedicated and compassionate legal representation for all types criminal cases throughout New York.