Some Worker’s Compensation Facts You Probably Never Knew

Worker’s compensation is actually an insurance policy your employer has to cover all employees for all medical problems that occur on or due to the job. Most people know that if you are injured while at work you can file a worker’s compensation case to pay for your medical bills and any lost wages. However, there are some aspects of this insurance that most employees do not know. If there is any chance that your medical condition is in any way related to your job, contact a lawyer with experience in this field. You could end up receiving your pay for the whole time you are recovering; without using up any of your vacation time.

When the Fault is Yours

Worker’s compensation is not at all like automobile insurance. It does not matter if you were the one to cause the accident and subsequent injury or not. If the injury occurred while you were at work you are covered. However, the insurance company may try to prove you caused the accident on purpose. Your lawyer will gather all the evidence to prove it was a true accident so you will receive the compensation you deserve.

Pre-existing Injuries

If you have a pre-existing injury that is further aggravated due to your work, the new damage is covered. An example would be an existing knee injury that gets worse because you tripped on something at work. In this case, if surgery is needed, the old damage can be repaired at the same time. However, you may have to pay for part of the medical expenses, or have your regular insurance cover your portion. An experienced lawyer can help determine just how much of the bill you will be responsible for.

Heart Attacks and Strokes

If you have a heart attack or stroke, and the cause can be attributed to the stress of your job, it will be covered by your employer’s worker’s compensation insurance. This is true even if you are currently taking medications for a heart or blood condition. However, it can be difficult to prove that work caused the stress that caused the attack. Your lawyer and doctor will work together to provide the needed evidence to win the compensation.

Any time you feel you may be entitled to worker’s compensation benefits, the first thing you need to do is contact a lawyer (like those at Arrington Schelin & Munsey PC) to help you file a report with your employer. There must be a report filed within 30 days of the accident. This should be done for every minor incident that happens at work. You never know if the problem will escalate to you needing medical attention. You have a full year to apply for benefits, but only if the report was filed on time in the first place.

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4 Mistakes To Avoid When Giving A Deposition

If you’re involved in a legal dispute, you may be forced to give a deposition. This can be a nerve-wracking event that is typically held at an attorney’s office. It is part of the discovery process that must be completed when you are involved in civil litigation. In order to be successful when providing the deposition, you must be able to avoid a number of common mistakes when giving it.

Mistake #1: Talking too much

One of the worse things you can do is talk too much when giving your deposition. It’s important not to provide too many details which could be misinterpreted by the attorney for the other party.

The more you say during the deposition, the more that could be used against you. So, it’s best to provide brief answers, such as yes and no, during this meeting.

Mistake #2: Being impolite

You may not want to be nice to the attorney who is completing the deposition because of the role this person plays. However, it is in your best interest to provide a calm demeanor when attending the deposition. This will help you look more professional and less like a person who would have been the cause of the legal dispute.

Mistake #3: Not meeting with attorney

It’s important to prepare in advance for the deposition by consulting with your lawyer ahead of time. You can consider discussing some of the items listed below:

  1. The length of the deposition.
  2. The possible questions that may be asked during this meeting.
  3. The parties who will be attending the deposition.
  4. If you can bring another person with you.

Mistake #4: Not showing up on time

It’s important to be at the deposition when you should be. It’s ideal to arrive at least 15 minutes early to be able to relax a bit after the drive.

Showing up late will give the attorney a bad impression of you and how well you achieve your responsibilities. It’s always important to give a good impression when you are dealing with a legal matter.

Finally, you can have success at your deposition by doing the right things rather than the one wrongs. Take the time to do your research and prepare in advance by meeting with your personal injury attorney. This can allow you to know what to do and say when you get to the attorney’s office for the inquires that will follow. For more information, contact a local law firm like Daniels Long & Pinsel

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Workers’ Compensation Benefits: Possible Circumstances After You File

When you file for workers’ compensation benefits, you are afforded certain protections. If your employer violates your rights, your workers’ compensation attorney can take legal action and help you get compensation for the wrong you have suffered. There are two particular instances in which you might need your attorney to take action on your behalf after you have filed for benefits. 

Laid Off/Termination

Your employer is prohibited by state and federal laws from taking retaliatory action against you. This basically means that your employer cannot lay off, terminate, or take any other derogatory action against you because you filed for workers’ compensation benefits. 

If you feel that your employer has take a retaliatory action against you, it is important you understand there are some special circumstances that could have a bearing on whether or not you have any legal options available. 

For instance, if you were laid off or terminated after filing for benefits, your employer might not necessarily be in danger of facing legal consequences. If your employer can prove that you were laid off or terminated for reasons, such as poor performance, then there is no legal recourse available to you. 

However, if you think that your employer has unfairly targeted you after filing, talk to your workers’ compensation attorney. He or she can review the details of the action taken by your employer and decide what the best legal action to take is. 

Light Duty Work Offer

There is a good chance that your employer will offer you light duty work after you have filed your claim. Whether or not you decide to take the offer is up to you. However, your actions could have a bearing on whether you receive all or part of your benefits owed. 

Your state’s laws dictate whether or not turning down the offer of light duty impacts your claim. For instance, in California, you could lose the right to funds for job training if you are unable to return to your former position. You could also forfeit your right to have a vocation counselor help you find work in a new position. 

If you are uncertain about how turning down light duty work from your employer can impact your benefits, talk to your attorney. Do not make a decision regarding the offer until you have thoroughly reviewed your options. 

Workers’ compensation benefits can be complex, but fortunately, your attorney can help you understand the ins and outs of it. Always consult with your attorney before making decisions to avoid jeopardizing your benefits. 

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