After a workplace accident, contacting a work injury attorney is an employee's first line of defense against wasting time, losing money and jeopardizing his future ability to earn a suitable income. Even if an employee is not in the construction or heavy machinery line of work, there are injuries and sicknesses that can occur as the direct result of being in an unfavorable job environment. Though there are many insurance policies in place to protect the rights of an employee who has been hurt on the job, contacting a workers compensation attorney who knows the legalities of employee insurance statutes, who is familiar with the state-by-state intricacies of the insurance system and who has the employee's best interest in mind is highly advisable in order to obtain all the money legally available to the injured party. If an employee becomes sick or gets hurt as a result of the office environment or job site, there is only a limited amount of time to file a claim, so acting quickly to secure knowledgeable and capable legal representation should be first course of action taken after medical treatment has been started.
Insurance to protect employees in the case of job site accidents or workplace-born illnesses began in the United States during the early 1900s. Before this system was put into place, a hurt employee had to take their employer to court and prove negligence. This burden placed upon impaired workers proved too heavy to bear. Proving negligence before the advent of recording devices was nearly impossible. Not only that, seldom did the money settlements cover loss of future wages as a result of being permanently disabled. In response to this, Maryland was the first state within the United States to require employers to carry insurance policies to cover accidents and work-born illnesses. Many states followed suite, and by the 1940s, every state in the union had adopted some sort of "workmans compensation" program. The name was eventually changed to represent both genders within the workforce. Each state has different bylaws and limitations, but all require employers to carry this sort of insurance.
The benefit to employers from this sort of system is that workers compensation attorneys are allowed to help their clients collect all that the insurance policy allows, but prohibits them from suing the employer for further damages. This type of insurance has become a lucrative branch within the insurance industry. The premiums tend to be large, as a result of the high payout when an employee commandeers the services of a work injury attorney and wins the workplace accident claim. This segment of insurance also covers claims on a no-fault basis. As a result, employees filing a claim no longer have to prove negligence or malicious intent of the employers. If an employee in a factory assembly line daydreams and cuts his own finger off, he still can file a claim. The only exceptions to this no-faulty claim option is if the employee was committing a crime, going against company policy or was drunk or under the influence of illegal drugs when the accident occurred. This is also true if the employee is on work grounds after hours or while they are not scheduled to work. For example, if a female employee picks a fight with her coworker, and the coworker gets so angry she throws a stapler at the instigator's head, the woman who picked the fight would not be benefitted by hiring a workers compensation attorney. She committed a crime in starting a fight in a public place and disregarded the company ban on fighting. Due to these two facts, this woman would not be able to file a claim or hire a work injury attorney.
Though employees are protected by these insurance policies, it is always advisable to seek wise counsel. The type of industry in which an employee is engaged has a bearing on what benefits are due him. Assembly line employees are awarded differently than heavy machine operators. Construction workers are viewed differently than office workers in deciding what insurance will award. Unfortunately, the state regulations don't cover all the circumstances. Each type of person is impacted by an injury differently. An office employee who loses a leg would have a better chance at future employment than a bus driver would. A workers compensation attorney can fight for a higher financial settlement if the employee has a unique set of circumstances. Even when the injured party has no additional monetary requirements, the formulas set by the insurance agencies to figure out the claim amount can be so confusing. A work injury attorney can be hired to fill these out and figure the resulting claim amount.
Employers should not lose heart, however. If an employee seeks the services of a workers compensation attorney, there are steps that an employer can take to protect the business from needless settlements. First and foremost, the employer should lay out a course of action to help the employee return to work. If there is a detailed plan for a job alternative in cases when an employee is too hurt to do her original job, the employee is more likely to return to work in a quicker manner than if these decisions go unaddressed. Remaining proactive and available will pay off in the long run for a boss when her employee's work injury attorney files a claim against the business. Not that bosses are masters, but the following verse is good advice for employers as well. "Masters, give unto your servants that which is just and equal; knowing that ye also have a Master in heaven." (Colossians 4:1)
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