If you or a loved one has suffered an injury at work, you are probably dealing with many tough issues like physical recovery, medical bills, and lost wages.
The government has set up a specific system called Workers’ Compensation to handle such claims. Navigating through this tricky system can be difficult. You need advice from experienced lawyers who specialize in these kinds of claims. Las Vegas workers’ compensation attorneys can give you the advice you need.
Workers’ Compensation Considerations
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who have been hurt on the job.
As a condition of participating in the system, employees give up their right to sue in court. This tradeoff between assured, limited coverage and losing the ability to sue is sometimes called “the compensation bargain.”
The system was set up in part so that injured employees whose employers went out of business after a big accident not left high and dry with no compensation. The system of collective liability prevents that, and thus to ensure security of compensation to the workers.
Unfortunately, some employers have decided to use the system’s rules to deny their injured employees fair compensation. That is why someone needs an experienced Las Vegas workers’ compensation attorney who knows the system inside and out.
Right to Appeal
Employers and workers’ compensation insurers sometime reject valid workers’ compensation claims; gambling that the injured workers will not exercise their right to appeal. Sadly, this gamble often pays off. Most workers hurt on the job accept the denial of their claim without appealing.
An injured person should never let the employer or insurer get away with this. A workers’ compensation attorney can give someone an objective assessment of the value of their claim, and also, solid advice about whether it is worth it to appeal the denial.
Sometimes employers will make a settlement offer, but then an injured person will find that it does not cover all their lost wages or medical bills. They can just rely on the workers’ compensation judge to make sure that they are getting a fair deal, because many judges will sign off on any settlement that does not appear to be grossly inadequate on its face value.
Again, an objective assessment by a lawyer in Las Vegas to represent their client’s interests is essential.
If you have suffered permanent disability because of your on-the-job injury—whether total or partial—you may receive lifetime weekly payments (or a single lump sum) to make up for your lost wages. As you might expect, insurance companies will fight very hard to avoid making these payments.
Social Security is another issue. If the settlement structures incorrectly, Social Security may receive a large portion of your benefits. An experienced lawyer will understand how to draft the contract in such a way as to minimize this offset.
You also must guard against retaliation, if you continue working for the same employer. Sometimes an employer will try to fire, demote or otherwise penalize a worker pursuing a successful workers’ compensation claim.
Contact a Las Vegas Worker’s Compensation Lawyer
There are many complex legal issues that can arise in worker’s compensation cases. Do not wait another minute before seeking the legal advice that you need from a Las Vegas worker’s compensation attorney. So, contact us today!