Filing a workers compensation claim can be exceptionally difficult for some people especially if they don't feel they will have the support of their current employer when filing their claim. If you find that you are experiencing a bit of anxiety when it comes to filing for workers comp, the first thing that you should know is that you do not need to face this process alone. You have a right to hire a workers compensation lawyer to represent you. Furthermore, you will be able to count on this lawyer to help preserve your other rights throughout the entire claims process. The facts outlined below can help you to better understand these rights and how a workers compensation lawyer can help you to protect them.
You Have The Right To Pursue Your Claim Without Fear Of Retaliation
If you are afraid that your employer is going to fire or demote you if you choose to follow through with your workers compensation claim, it is important for you to know that the law protects you against this type of retaliation. Workers compensation laws also protect you against harassment and other actions taken by your employer that ultimately result in what is known as a hostile work environment. If you experience any of these issues, your workers compensation lawyer may be able to assist you in filing a separate lawsuit against your employer for their unlawful conduct.
You Have The Right To Collect Benefits Even If You Were At Fault
If you have been led to believe that you are not entitled to workers compensation benefits because you were fully or partially to blame for the on-the-job accident that led to your injuries, you should know that these statements are incorrect. The workers compensation insurance system is a no-fault system. This means that even if you do hold fault in causing a workplace accident, you are still entitled to file a claim. In these situations, a workers compensation lawyer can help you to fight back against your employer and/or the insurance company who is trying to wrongfully deny your claim or discourage you from filing a claim in the first place.
You Have The Right To Appeal Any Decision In Your Case
Hearing that your workers compensation claim has denied can be devastating news. However, you should know that this does not need to be the end of your journey. You have the legal right to appeal any decision in your case. Furthermore, you should choose to exercise this right if you feel that you have a legitimate claim for benefits. Hiring a workers compensation lawyer can help you to prepare for this appeals process and ensure that you are prepared to present the necessary documentation to get your denial overturned and finally get the benefits that you deserve.