A workers' comp attorney is a lawyer who handles matters of workers' compensation. Workers' compensation got established to preserve workers' rights in the workplace, especially on workplace injuries or illnesses. A workers' comp lawyers can represent either an employer or a worker when there is an injury or illness claim. Here are the main situations when a worker or an employer needs to acquire a workers' comp lawyer's services.
Assistance in Navigating the Workers' Compensation
Workers' compensation is too complex for laypeople to comprehend the legal terms and conditions implied. As a result, when a worker gets injured and wants to file a claim, they are advised to do so with the help of a workers' comp lawyer. The workers' comp lawyer will advise the worker on their rights and guide them through the process of filing a claim.
An Employee Rejects the Settlement
When an employee files an injury claim with their state's labor authorities, their employer's insurer usually provides a compensation offer to the injured worker. Should the employee decide the compensation is insufficient, they typically have to file a lawsuit to appeal for a better settlement. In such a scenario, the employer requires a workers' comp attorney's services to counter the case.
A Business Lacks Workers' Insurance Comp
The law requires every business to have a workers' comp insurance cover. If an employee gets injured and the company cannot provide compensation, then the Occupational Safety and Health Administration will usually intervene. In most cases, the business will get sued for violating workers' compensation regulations. In such a scenario, the business owner should hire a lawyer to assist them in navigating the lawsuit.
Building a Case and Determining the Proper Benefits
When an employee decides to sue their employer over an injury acquired in the workplace, it is up to the workers' comp attorney to build a credible case before they go to court. The lawyer should gather sufficient evidence against an employer to ensure the court rules in the employee's favor.
Additionally, when suing an employer, a workers' comp attorney should help the plaintiff determine the right amount of compensation to ask for in the lawsuit. In most cases, when a worker rejects a compensation offer, it is their lawyer who determines if the amount offered is adequate for the injury or illness a worker has acquired from the workplace.
For more information, contact a workers' comp attorney near you.