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Suffering a work-related injury can be disheartening, especially when it keeps you from working. Fortunately, injured workers may seek compensation through the state workers’ compensation system with the help of an experienced personal injury attorney.
The workers’ compensation system can be complex, so it may be a good idea to have an experienced Chesterton workers’ compensation lawyer on your side as you pursue the benefits you need following a work-related injury or illness.
Compensated damages can include medical costs, medication, lost wages, therapies, and wrongful death benefits.
A workers’ compensation claim can stem from any type of work-related injury or illness, so long as the work duties led to the injury. Workers’ compensation policies are insurance policies employers must carry to protect themselves in the event of an employee injury. However, employees who file workers’ compensation claims lose their right to sue an employer for damages.
Some of the most common workers’ compensation injuries include:
Chesterton maintains a Workers’ Compensation Board to provide dispute resolution for employers and their injured workers. The board offers both formal legal hearings and informal negotiation, mediation, and arbitration services. A person should consult with a Chesterton workers’ compensation lawyer when participating in legal hearings.
The workers’ compensation process in Chesterton typically begins with informal dispute resolution. When the details of a work-related injury are generally agreed upon, an informal dispute resolution process can be effective, though it is still important that the employee is represented by their own experienced and independent Chesterton workers’ compensation lawyer throughout the process.
When workers’ compensation claims are heavily disputed, informal dispute resolution may not be effective, and the claim may move through to the next level of workers’ compensation adjudication. This step in the claims process generally involves a formal hearing where each side may present evidence.
The employer must have legal counsel when going before the Workers’ Compensation Board, even though the worker may move forward without an attorney. This may not advisable, though, since the corporation’s team may be highly familiar with the workers’ compensation process and may seek to keep their liability at a minimum.
Generally, the corporation’s representatives are not looking out for the best interests of the employee, but for the best interests of the employer.
Further, the duty of the burden of proof in establishing that the injury or illness is a direct result of work-related duties falls upon the employee, and the workers’ may need to present extensive evidence and medical records.
If the injured worker is not satisfied with the board’s decision following a hearing, they may make an appeal within 30 days.
Workers’ compensation claims may be difficult. Often, these insurance policies seek to protect employers from costly lawsuits. However, this generally means employers are trying to pay as little as possible for a claim.
If you suffered an injury on the job, it may be important to have an experienced Chesterton workers’ compensation lawyer as your advocate whose goal is to make sure your rights are safe as you pursue compensation necessary to pay your injury-related expenses.