About Workers Compensation Benefits
Were you hired for a construction job that you didn't have the proper experience for? If your lack of experience led to you getting injured and having to take off from work, you might be able to obtain workers compensation benefits. If you have already been denied the benefits by your employer, you don't have to accept the denial. A personal injury attorney, like Gomez May LLP, can review your case and possibly get you workers compensation benefits by getting the denial overturned. Below, find answers to a few of the questions that you might have in might in regards to getting workers compensation benefits after being denied.
When is Getting Denied Workers Compensation Benefits Unjust?
As long as you didn't get injured due to not following the proper guidelines, you should be able to obtain workers compensation benefits. If your employee denied the benefits without a cause, getting the denial overturned will likely turn out in your favor. Did you provide evidence of your injury when you applied for the benefits? Does the evidence prove that the injury occurred while you were at a construction site? If so, you have a good reason to get compensated while you are home recovering from the injury.
Should an Injured Employer Quit Before Obtaining Benefits?
The last thing that you should do after getting injured on the job is quit, as it can interfere with your ability to obtain workers compensation benefits. You have the right to request time off, and your employer should not fire you in the process. Your employer should also not try to force you to work a less complicated position if you are unable to. If you get fired because you are pursing workers compensation benefits, you can still get paid for the injury. Basically, you will need to file a personal injury lawsuit when all else fails.
How Can an Attorney Overturn a Workers Compensation Denial?
An attorney will find out why you were denied the benefits, and then he or she will do what it takes to get the denial overturned. The case will begin by you providing the denial documentation so the attorney can thoroughly review it. If you didn't provide enough evidence of the injury, the attorney will tell you how to go about obtaining what is needed. He or she can also obtain the medical evidence on your behalf. If your attorney is unable to get the denial overturned, he or she will assist with starting the legal proceedings for a personal injury lawsuit.