Bristol, TN Workers Compensation Lawyer
Bristol, TN Workers Compensation Lawyer
If you are struggling to receive benefits after being injured at your job, a workers’ compensation lawyer that serves the Bristol, TN community at your side is ready to support you. Workplace accidents occur all too often. An accident that occurs at work can change your life for the worse, resulting in not only a serious injury, but financial difficulties as well. Hazards in the workplace can vary widely, ranging from exposed wires, spilled water, faulty machinery, or improperly placed equipment. They can happen when you least expect them to, despite the precautions that you take. In certain cases, they can happen outside of your control. For workers who do sustain an unexpected injury, there is a benefit designed to give them aid and better facilitate their recovery. Workers’ compensation was made to provide benefits to workers who have suffered injuries due to workplace accidents. Employers are required to provide them. Unfortunately, applying for workers’ compensation is still a struggle for many employees. Despite having workers’ compensation, it can still be tough for workers to claim their benefits. If your employer has dismissed what you believe to be a valid workers’ compensation claim, talk to a workers’ compensation lawyer like one from the Law Offices of Mark T. Hurt so that they can evaluate your situation.
Bristol, TN Workers Compensation Lawyer
At the Law Offices of Mark T. Hurt, we believe in prioritizing the needs of our clients and changing their lives for the better. Attorney Mark T. Hurt has accumulated extensive litigation experience, handling personal injury and workers’ compensation cases. He has reached settlements which have amounted to millions. If you are in need of legal services from a top-rated lawyer, schedule a consultation today.
The process of applying for workers comp can be confusing and require multiple steps. Sometimes employers deliberately make the process difficult so that they do not have to spend additional money. Insurance companies do not act in the best interest of workers so they are actually not obligated to give you the compensation that you deserve if you suffer an injury. If you have experienced difficulty filing a workers’ compensation claim, you should talk to a lawyer who can assist you with the process.
Understanding Workers’ Compensation Benefits
Every state has their own set of laws that establish how workers’ compensation is regulated and implemented. When you are applying for workers’ compensation, confirm that your injury is eligible for compensation. Some injuries cannot be covered by workers’ compensation benefits, such as injuries that were aggravated by the worker or conditions that occurred while a worker was outside the premises during their lunch break. The workers’ compensation policies can be confusing and hard to understand because of the nuances involved, especially if your case is more complex, so consult with a lawyer and they will be able to give you a detailed explanation.
Qualifying for Benefits
Be aware of the workers’ compensation laws and requirements in your state. Workers must be employees of the company (independent contractors unfortunately do not qualify for benefits). The injury must have occurred while the employee was on duty, completing a work-related task, or was at a company function such as a conference. If a worker was outside of the company premises but was conducting a task related to their job, they may still be eligible. However, even if they are not on company time, such as on a break or right before they begin their shift, they may still qualify for workers’ compensation. If you have questions about your particular case and whether you meet the qualifications, consult with a seasoned lawyer.
Common Workplace Accident Scenarios
You can sustain an injury at work in a number of ways. The risk of suffering an injury is higher if you are in certain industries, such as construction, healthcare services and manufacturing. Your risk of injury depends on what your work environment is like, such as the chemicals you are exposed to, as well as the equipment and tools that you use on a regular basis. However, any workplace can have hazards that put workers at risk of harm. Some areas may be full of clutter or are not organized properly, increasing the likelihood of an accident. A stray wire can lead to an accident that results in the victim getting seriously injured. Some common scenarios that may prompt you to file a workers’ compensation claim include:
- Falling off a ladder. You used a faulty ladder that was not repaired and became injured as a result.
- Slipping on food or liquid. You slipped on food, water or other liquid that was not cleaned up properly.
- Tripping over messy or exposed wires. You tripped and fell because of wires that were not taped down or put away.
- Sustaining a fracture after using heavy machinery. You fractured your hand while using construction equipment.
- Unsafe or hazardous conditions. You have suffered a burn due to a chemical leak.
How Compensation Is Determined
As a skilled workers’ compensation lawyer that Bristol, TN residents trust understands, several factors are considered to determine the benefit amount that should be awarded to an injured worker. Employers are careful to assess each claim in case of fraud, and they are not inclined to pay the maximum amount. Employer’s insurance companies also want to keep costs low, so they may make efforts to minimize payments as much as possible. Some factors that can affect the amount of compensation include:
- Severity of the injury. The insurance company will review the extent of the injury, and whether the worker is temporarily or permanently disabled.
- Where the injury occurred. Sometimes an employer may argue that the injury was sustained before the worker arrived at work, or occurred as a result of a pre-existing condition.
- Necessary treatment. After receiving initial treatment, an injured worker may need continued treatment to fully recover or manage their pain. However, insurance companies may argue that certain treatments are not actually necessary.
What to Do if You Are Partially at Fault
You may still apply for workers’ compensation even if you have partial fault. You may receive some compensation, don’t be discouraged if you have partially contributed to your injury. It is still worth speaking to a lawyer to discuss your situation and explore ways you can build a case so that you can obtain compensation. One thing to be aware of though when you are applying for benefits is that if you have partial fault, the company’s insurance company may still be reluctant to compensate you. If your claim has been denied, discuss your situation with a skilled lawyer and they will be able to help you appeal the decision.
Damages You May Be Able to Claim
When you file a workers’ compensation claim, there are several types of damages that you may be entitled to. Cost of medical treatment, missed wages, reduced earnings capacity, pain and suffering, and emotional distress are just a few of the damages that you might be able to claim. It is best to talk to a lawyer to get a sense of the complete list of damages and their approximate value.
The Purpose of Workers’ Compensation
Workers’ compensation benefits are compensation awarded to workers who have been injured on the job. In many states, companies are required to offer them as part of their benefits package. Workers are entitled to receive these benefits under the law. Employers are not allowed to deny a claim even if the worker partially contributed to the accident which led to their injury.
While it is required for companies to provide these benefits to their workers, getting these benefits is not always easy. It may be a difficult process to obtain compensation. An employer may make the process difficult. They may not accept a worker’s evidence or claim that the injury occurred on site. They may even attribute a worker’s injury to activities outside of work. In some cases, employers may try to reduce the payment distributed to an injured worker.
Contact a Lawyer for Legal Assistance
If you have suffered an injury at work, you should take action. There is limited time for you to file a claim, and gathering evidence to prepare your case is often a long process. As a worker, you have the right to file a claim. Some people do not follow through with their workers’ compensation claim if it has been denied because they believe that it is too much of a hassle for the effort it takes, requires too many steps, or they don’t have faith that their application will ever be approved. However, with the help of a skilled lawyer who is committed to helping, you can greatly boost your chances of obtaining compensation. Giving up on your claim even after it has been denied is a mistake. Talk to an experienced workers’ compensation lawyer so that you can learn more about your case and receive the legal support that you need.
Take action so that you can receive your rightful benefit amount. Request a free consultation with a workers compensation lawyer trusted by Bristol, Tennessee residents today.