Employees who need help in filing a workers’ compensation claim should contact an attorney. In some industries, employees are discouraged to file a claim through their employers. In some instances, the employer may refuse completely. When this is the case, further legal action is critical.
Gathering the Evidence
The first step is to visit a doctor. Medical records provide clear support for a workers’ compensation case. The employee should visit his or her own doctor to secure this medical evidence. As safety net, they could acquire a second opinion to add to the supporting evidence.
Evidence Inside the Workplace
Employers who want to cover up an accident make attempts to conceal evidence. For this reason, the employee must act quickly. By hiring an attorney, it is possible to secure a court order to gather surveillance video footage from the workplace. The attorney could also question any witnesses that saw the accident happen. Testimony is the key to these cases.
An evaluation of the equipment used by the employee is also necessary. If the equipment played a role in the injury, the manufacturer as well as the employer could be accountable. Employers are required to inspect all equipment to ensure the safety of their workers.
Identifying Unethical Trends
If the employee is aware of others who were injured and denied access to benefits, the attorney should contact these individuals. These workers could identify a trend in which the employer has refused to file a claim. This action is unlawful and requires an investigation of the workplace and the employer.
Reviewing Insurance Compliance
The attorney could also require the employer to present evidence of the insurance policy. If the employer fails to comply with federal laws, they could be held accountable for these actions. All companies that hire employees must ful fill their financial responsibility by purchasing workers’ compensation insurance. Non-compliance is a sign that the employer may be hiding additional actions that are illegal.
Employees have the right to file a workers’ compensation claim after any injury. It isn’t necessary for the injuries to be life-threatening. However, they must prevent the employee from performing their job duties.
