About Workers Compensation Benefits For An Injured Employee

6 December 2017
 Categories: Law, Blog


Is your work injury getting worse because your employer refuses to give you enough time off to heal? It is possible that your employer is required by the employment laws in your state to not only give you time off, but to ensure that you are properly compensated. Hiring a workers compensation attorney is the best way to find out what your legal rights are in the situation. Although it is necessary for your employer to approve workers compensation benefits, you might still be able to get compensated via a lawsuit if your application is denied. This article provides information about legally getting workers compensation benefits for a job injury.

Getting Time Off from Work

An attorney can help you get the time off from work that you need in order for your injury to heal. He or she will first contact your physician for evidence that the type of injury that you have requires that you take time off. The medical documents that will be obtained should prove that the injury happened at work, as well as why it is difficult for you to work until it heals. After evidence has been gathered in a sufficient amount, the attorney will present it to your employer. However, he or she might not present the evidence until your employer is contacted in regards to approving you for workers compensation benefits.

Putting a Claim in Process

It is possible for you to put a claim for workers compensation benefits in process without help from an attorney. However, due to your employer refusing to give you time off from work, it is not likely that he or she will approve your application without an attorney's assistance. Obtaining the official documents that are needed for you to file for the benefits is the first thing that the attorney will do. You can actually get the documents from your employer and take them to your attorney if you desire to do so. The attorney will then ensure that all of the important information is filled out on the documents to decrease the chance of you being denied.

Handling a Denial for Benefits

If you are denied workers compensation benefits after an attorney assists with the application, he or she will continue helping. Basically, the attorney will work to get the denial overturned, such as by correcting the problem that led to the denial. If you are unjustly denied benefits, the attorney might suggest that a lawsuit is opened against your employer. A lawsuit might lead to your employer threatening you with termination, but there are likely state laws in place that can prevent it from happening. As long as you are qualified for workers compensation benefits, you can count on an attorney to help you get approved for them.

Contact a law firm, like Shay & Associates, for more help.