Workplace injuries are sadly not uncommon. Fortunately, workers who are injured are covered by the insurance in case such an injury occurs. This helps them pay medical bills as well as compensate for lost wages during the period of recovery. However, in some cases, people do not file for compensation. Sometimes, this may feel justified, for example if the worker was under the influence of some substance when the injury happened. They may not want this matter to be publicly known, so they drop the case. However, there are some other, more questionable cases when people aren’t awarded the compensation they need. If any of these has happened to you, get an attorney for workers compensation, and file a claim.
Not reporting it immediately
As soon as the injury occurs, the proper authorities need to be informed. Your employer, your insurance company and your doctor need to know about the injury as soon as possible. Some people procrastinate with this important step, and make their case a lot harder to prove. The insurance companies very frequently deny such claims, but it is not impossible to win the claim with a good attorney and sufficient evidence. Still, the best course of action is to report the incident promptly.
Fear of getting fired
This is perhaps the most common reason. People are afraid that their employer will not be keen to keep them around after they have taken a lot of money from the company through workers’ compensation. However, those people need to familiarize themselves with the current laws. You are protected against an unlawful termination at all times, but if your termination happens very close to the time you have taken worker’s compensation, your case becomes far more convincing at court. Be mindful, however, that taking worker’s compensation does not give you absolute immunity against termination. If there are other legitimate reasons to fire you, your employer is legally allowed to do so.
Openly discouraged by the employer
Some employers aren’t too happy with existing laws, and are quite vocal about this. They may subtly remark that taking worker’s compensation may hurt the worker’s prospects at the company, or may even be very hostile about the whole situation. In such situations, some people choose not to cause commotion and drop the claim. The worker who claims for worker’s compensation is protected from retribution by the employer, so all the blustering is just that- blustering.
There were no witnesses
Workers get discouraged when they realize that nobody saw the incident happen. However, it is not impossible to win such cases. If there is material evidence that the injury occurred during work hours, that is a step in the right direction. The best thing to do in such situations is to immediately report the incident to a superior, and coworkers. They will be able to confirm the time they were informed about the injury, which narrows the timeframe.
They believe the injury or illness is not worth compensating
Any injury or illness which occurs at the workplace, and causes the worker to miss work or requires medical spending falls under the domain of workers’ compensation. However, some people treat minor injuries or illnesses as unworthy of filing a claim. This is up to each individual worker, but it is good to know that everything mentioned above is covered.
If you need an attorney for workers compensation in San Diego County, consider The Law Offices Of Thomas M. De Benedetto. A combination of devotion, experience and knowledge makes us the winning team for your worker compensation case. Our best recommendation are hundreds of millions of dollars recovered for our clients. In case you are unsure whether you need to consult an attorney for workers compensation, contact us anyway and we will offer you free consultation.