Rights Involved In Workers Compensation

October 30th, 2011

It is hard to imagine your life being any different than it is today. Today you can walk, bend, grab things with both hands and jump up and down if you want. The problem comes when you walk into work one day able to function normally but then an accident at work happens and bam life is never the same again. Who helps pay the bills? What happens to your livelihood?

It is never easy to think about a future that is not perfect. However this happens more often than we like to think. If you are ever involved in an accident at work however minor report it. It is important not to dismiss anything this will make a later dispute much more difficult. Reporting the accident is the very first step in making sure that while you are disabled your bills can stay on track.

In fact it is very important to give details to your employer and to the medical center that treats your accident. It is important that you give details about specifically when the accident happened, where it happened within the facility and how the injury happened. It is also important to document who was around at the time of the accident and if possible get written statements from anyone who was involved or saw the occurrence.

There are some important questions that everyone who is injured on the job need answers to. In dealing with workers compensation one of the first is when will I begin to receive checks? This varies but if all the paperwork has been filled out correctly, the claim is legitimate and has been processed correctly the checks should start coming within a few weeks of the accident. The insurance company will have to investigate and record a statement and get the preliminary medical details from the clinic.

Your checks will continue until you are able to go back to work making the same amount of money you were or the case is settled. If a case is denied you will not start receiving checks at all and should contact a lawyer. Basically if this is to happen then the insurance company is claiming they are not responsible to cover the medical bills or you. This is all very time sensitive in nature and is best handed over to an attorney who will correctly navigate through the workers compensation process.

Another thing people often worry about is if their job will still be available for them when they are finally able to return to work. Your employer is required to keep the position open for twelve weeks. This is thanks to the Family Medical Leave Act. After twelve weeks they do not have to hold the position any longer.

If an employee returns to work and is placed on restriction and then fired it is thought to be because of the injury. It is up to the employer to prove that the firing was not illegal and that there was reason that you be let go. This is almost impossible for them to do. In most cases the employer will lose.

Any and all medical treatment required because of the injury is covered under workers compensation. The same is true with any and all medication that may be needed. Many employers will have you see their doctors you must petition to see your own doctor or specialist. In case such as broken bones and serious injuries it is best to go outside the clinic recommended by the company. Your care is far more important at the time than who is going to pay for it. The main goal is to get back to one hundred percent as soon as possible.

Posted in Employment Law

Employment and Disability Claims

October 26th, 2011

A disability claim refers to the request you can make for income assistance filed with the Social Security Administration. This is usually filed when a person believes that a case of physical or mental disability leads to his or her inability to find a job or live a normal life. This is also referred to as employment & disability claims in various quarters.

It’s possible to file a disability claim depending on your financial and medical history. There are normally 5 stages involved in the filing process. It begins with the initial reconsideration stage and then proceeds to the hearing and later on to appeals council hearing and the federal district court appeal. The initial reconsideration involves the filing out of an SSI or SSDI application for the claim. However, this application can be approved or denied by the Social Security claims representative within a space of 3 to 5 months.

Now, if it happens that your disability claim is denied, you still have up to 60 days to file for reconsideration. You don’t need to take the denial personal since almost over 60% of disability claims are usually denied. You can always do something about the denied claim.

A number of reasons can lead to the denial. It may be because that the claim is not legitimate or because you filled wrong details in the application form. You can file for reconsideration in order to correct the errors if you discover that’s the reason for the denial. While re-filing the claim, you need to present better information in the details you give. You can add additional documents and medical records to support the claim.

Normally, your request for reconsideration can take up to 2 weeks to 6 months before it can be approved. It all depends on how many pending cases, the Social Security Administration is handling as at the time you filed the claim again. It also depends on the quality of the new details you’re presenting. You have to make sure you find out the actual reason why the claim was denied. You can make proper inquiries from experts in the field. You have up to 60 days to file for the claim again; otherwise the case will be thrown out.

Meanwhile, if your request for reconsideration is also denied, you can then proceed to the next appeal. When you do this, your case will be brought before an appeal judge. You’ll stand in front of the judge while your case is argued verbally. In order to succeed in this, you need to engage the services of a disability lawyer to help you out. If for any reason your disability claim is denied at this level, you can take it to the Social Security Administration Appeals Council. If it’s denied again, you have to proceed to the Federal District Court. You may win the case at this stage. However, if the claim is denied at this final stage, you have to forget about it. The most important thing is for you never to lose hope. You have to fight for the disability claim to the last point. In order to win the case, always make sure you have enough evidence to support your claim.

Posted in Employment Law