Filing A Workers Compensation Claim Petition

Posted by on Aug 15, 2012 in Law, Legal Claims, News, Personal Injury Law | 0 comments

An employee may find it necessary to file a workers compensation claim petition if a dispute arises, whether due to an employer disputing their eligibility for benefits, which might concern the nature of the injury, medical treatment, or the possibility of disability benefits. When this happens, there is the option of resolving the dispute through sessions mediated by a workers compensation judge, which is less formal than undergoing formal proceedings in front of a judge. If the issue remains unresolved, however, there will be a hearing scheduled in court.

Petitions and Alternative Dispute Resolution

The best method for resolving a workers compensation dispute will depend on the particular circumstances of the dispute and how cooperative the employer or insurance carrier is being. Some of the details concerning each method are as follows:

  • Claim petitions filed when an employer or insurance carrier denies a claim, but may only be done within three years of the initial injury. Legal representation is not strictly required, but highly recommended for helping employees navigate the complex process of a workers compensation petition. The judges ruling may or may not make provisions for additional appeals.
  • Alternative dispute resolution disputes may be settled in mediation, a settlement conference, or an informal conference. Unless ruled to be ineffective, all petitions submitted to the Office of Adjudication are scheduled for mediation sessions and, even if they are unsuccessful, may be resumed later in the proceedings.

If your initial claim was denied and are wondering which, if any, course of action can help you acquire benefits, you may want to obtain legal counsel.

Resolving Disputes

When an employer or their insurance carrier denies your claim for workers compensation benefits, you may want to enlist the services of workplace injury lawyers who can best ensure that your case and interests are accurately represented.

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Slip And Fall Accidents In Construction

Posted by on Aug 14, 2012 in Law, Legal Claims | 0 comments

Construction sites are inherently dangerous, and workers assume a certain level of risk when they enter into an occupation that involves construction sites. However, while these jobs have risk factors, workers are still allowed to feel safe while working. This means that any accident that occurs while a worker is performing his or her expected duties may actually entitle that worker to receive workers’ compensation benefits after the fact. These benefits, which often take the form of monthly payments, can be really helpful in a situation where a worker is injured and cannot return to his or her normal job. And, as construction accidents involving slips and falls often result in serious injury, this can happen quite often, so financial support from workers’ compensation can be an excellent resource for injured workers.

There are many ways that a person might become hurt while on the job. Slip and fall accidents are among the more common accidents reported in association with construction accidents, and they are responsible for a huge number of personal injuries every year in the United States. Depending on the circumstances of a worker’s accident, he or she may be entitled to receive benefits that would cover any cost of living in addition to medical costs that he or she incurs as a result of a slip and fall accident at work. Having legal help during this situation can be extremely helpful, because sometimes workers’ compensation can be difficult to get.

Causes of Slips and Fall Accidents

A slip and fall may sound pretty benign on the surface, but they can actually be quite harmful. Slip and fall accidents can result from many different situations on construction sites, but generally, someone else was negligent, leading to a slip and fall. Some of the common causes of slip and fall accidents at construction sites include:

  • Spills that aren’t cleaned up
  • Collapsing scaffolding or ladders
  • Absent guardrails or handrails
  • Collapsing stairwells / platforms
  • Uneven pavement / potholes

These situations can be very dangerous and may involve workers in serious accidents that cause physical injuries. Paying for treating these injuries, especially if one cannot return to work, can be difficult, but workers’ compensation can be a huge help in such a situation.

Acquiring workers’ compensation benefits is different from an injury lawsuit. Accepting workers’ comp generally waives an employee’s right to sue his or her employer for the negligence that may have been the cause of the injury. In exchange, the employee continues to be paid while recovering from the injury. The employer may even cover their injured worker’s medical costs. This set-up is beneficial to both parties involved as neither one has to go through a costly lawsuit.

However, sometimes an employer will refuse to make these payments to their injured workers, making a legal battle an inevitability. A workers’ compensation lawsuit can be costly for both sides of the suit, but the benefits can outweigh the costs, especially for an injured worker who has lost his or her income and is unable to support his or her family as a result.

If you have been injured on a construction site because of a slip and fall accident, you could be entitled to workers’ compensation. Contact an experienced Charleston workers’ compensation lawyer today to discuss your options.

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