Hazards in some workplaces are unavoidable because it can simply the nature of the job. However, there are other instances when accidents happen out of the blue while working. Onced injured, you have the task of maneuvering the workers’ compensation system, which is designed to streamline the workers’ compensation process and get workers back to work. Workers’ compensation is the means by which workers can get compensation from their employer following a workplace injury. Getting workers’ compensation is not always an easy process and you could run into some common hurdles. Let’s take a look at some of these issues.
Trouble Affording Legal Representation
A worker can find it hard to afford a personal injury lawyer to take on their workers’ comp case. If you’ve suffered a workplace accident in Queens, it may be possible to find a personal injury lawyer that would offer to work on a contingency basis. This means that the lawyer would agree to represent you and gets paid by taking a set percentage of your award for services rendered, but gets nothing if you lose the case.
No Witness to The Workplace Injury
Things can get a little challenging when there is no witness to your injury. If there is no witness to the incident, this could put your claim in jeopardy of being denied. In the event that no one saw what happened, report your injury immediately to your co-workers, supervisors or employer and see a doctor as soon as possible. Be detailed and thorough in your account.
Inconsistencies in Your Accident Report and Medical Records
Be careful to not create any inconsistent accounts, whereby your accident claim is different from employer’s or doctor’s statements. This is grounds for suspicion and can lead to an outright denial of your claim. You don’t want anything to pop up that could minimize your claim or limit your compensation.
Disastrous Case Management
Case management is paramount to getting your case off the ground and running. It’s best to get case management within 30 days following an injury, especially one where you’ve suffered a catastrophic injury. You want to avoid any decline in reaching a resolution, as well as medical improvement, which can occur after 60 days have passed without a case manager. A case manager is essential for expertly communicating with all parties involved in your case.
Get Furloughed Before You File a Claim
It’s best to keep in mind that your claim can easily be denied if you pursue filing after getting furloughed or even fired. The most common argument that is made by employers and sometimes compensation judges is that the claimant is making a revenge claim. This could make for a very difficult time, and so, it makes sense to not delay filing a claim.
It’s important to be proactive and honest when fighting your workplace injury case. You need to have a consistent, detailed account of the incident, strong case management in place and the right injury lawyer who is on your side, who will fight to get you fair compensation for the physical and emotional suffering that your workplace injury has caused. You want to avoid the five mentioned problems that could come your way when fighting your workplace injury case. They could make getting compensation a whole lot tougher or not at all.
