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Archive for the ‘Worker’s compensation’ Category


If you have suffered an injury at work, whether or not you should hire a lawyer depends on the severity of your injury and the overall complexity of your case. However, if your employer denies your claim or you fail to receive your benefits promptly or if your employer retaliates against you for filing a worker’s compensation claim, you should definitely seek the help of a lawyer. If you are facing an issue filing a worker’s compensation claim, we can help you. Call (917) 300-0797.

 

When to Hire a Workers’ Compensation Attorney?
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Workers’ Injury Claim Form

Have you suffered a workplace injury? Are you wondering whether you should hire a workers’ compensation attorney? Whether or not you should hire a lawyer depends on the severity of your injury and the overall complexity of your case. You may be able to get by without hiring an attorney if:

  • The injury was minor, such as a twisted ankle or a cut requiring a few stitches.
  • You missed little or no work due to your injury.
  • Your employer admits that the injury happened at work.

However, it is always advisable to contact a workers’compensation attorney to walk you through the legal process. He or she may alert you of potential pitfalls, as well as give you an honest appraisal of whether you can handle the case on your own.

When should I hire a workers’ compensation lawyer?

You should hire a workers’ compensation lawyer when:

Your employer denies your claim or you fail to receive your benefits promptly

Workers’compensation claims are routinely rejected by employers and insurers thinking that many workers will fail to appeal. This is factually correct because up to 80% of individuals whose claims are denied fail to appeal the decision in court. Hire a workers’ compensation attorney to give you the best chance of receiving a fair settlement for your injuries.

Your employer retaliates against you for filing a workers’ compensation claim

If you have been fired or demoted, or if your employer has reduced your pay or engaged in any other form of discrimination because you filed a workers’ compensation claim, it is important that you hire a workers’ compensation attorney immediately.

Your employer’s settlement offer does not cover all lost wages or medical bills

If you think that your settlement offer is not good enough, do not rely on the workers’ compensation judge to make sure that you are getting a fair deal. A judge may sign off on any agreement as long as it is not grossly unfair. If you want to be fairly compensated, hire an attorney.

Your employer denies you disability benefits

If the work injury caused you permanent partial disability or permanent total disability, you may be entitled to lifetime weekly payments to make up for your lost wages. These can be expensive for insurance companies. Therefore, they will do everything possible to avoid paying you what you deserve. Hiring a knowledgeable workers’compensation attorney can be essential when there are permanent injuries or illness.

You have a potential third party claim

If you have suffered a work related injury, you may be able to sue a third party whose negligence contributed to your injury through a third party lawsuit. For instance, when a machine malfunction causes injury to a worker, he or she can file a third party lawsuit against the manufacturer of the defective machine, apart from filing a workers’ compensation claim. An attorney will assist you in filing a third party lawsuit.

Contact Workers’Compensation Attorneys at Dervishi Law Group, P.C.

If you have suffered a workplace injury, contact workers’ compensation attorneys at Dervishi Law Group, P.C.You can depend on our knowledge and expertise when it comes to representing you. Call us at (917) 300-0797 or (718) 619-4525 or email us at fdervishi@dervishilaw.com.

 

Worker’s compensation claim form

You may be eligible for worker’s compensation benefits when you get injured on the job or become ill as a result of your work. Worker’s compensation is a state-mandated insurance program which provides payment to employees who suffer work-related injuries or illness. Employees who get injured or become ill receive compensation for lost work and medical bills, regardless of who was at fault. In return, employees forfeit their right to sue their employers for their illness or injuries.

Generally, there are three basic eligibility requirements for worker’s compensation benefits:

  • The company or person you were working for must carry worker’s compensation insurance or be legally required to do so.
  • You must be an employee of that company or the person.
  • Your injury or illness must be related to work.

Here is a brief explanation of all the three basic eligibility requirements:

  1. The employer must be covered by worker’s compensation insurance: The employer’s responsibility to provide coverage usually depends on the number of employees, the type of business, and the type of work the employees are doing. In a few states, only employers with at least three employees are required to be covered, but most states don’t set a minimum. Some states allow charities to opt out of the worker’s compensation system, while other states do not. However, a vast majority of employers are required to carry insurance coverage.

    Employers may provide coverage either by purchasing insurance or by self-insuring. Many employers prefer to purchase worker’s compensation insurance even if they are not required to do so. This allows them to ensure that their employees are compensated for workplace injuries and in return, the employee cannot file a lawsuit against them.

  2. You must be an employee of the company or the person: It is important to note that not all workers are employees when it comes to worker’s compensation eligibility. For example, independent contractors such as freelance writers or computer consultants are not employees and may not be entitled to workers’ compensation benefits. However, many employers misclassify workers as independent contractors when they are real employees. If you have been denied of worker’s compensation benefits because your employer claims you are an independent contractor, consider consulting with an attorney.

  3. Your injury or illness must be work-related: If your injury or illness is related to the work, you may be covered by worker’s compensation benefits. For instance, if you were doing something for the benefit of your employer and were injured or became ill as a result, then it’s work-related. However, sometimes it is hard to determine whether the injury was work-related or not. For example, if you get injured on your lunch break, or while doing some personal work for your boss, or get injured traveling to work in the company car. In these situations, it is not easy to determine whether you are covered under the worker’s compensation benefits because the injury did not happen at work but has some connection to it.

Contact Dervishi Law Group, P.C. for a Worker’s Compensation Lawyer

If you have been injured or became ill due to a work-related condition, you may be entitled to worker’s compensation benefits. Contact experienced lawyers at Dervishi Law Group, P.C. to represent your case. To speak to one of our lawyers, call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com.