Workers’ compensation is a system by which injured workers get benefits. However, you cannot recover these benefits without going through the proper channels, and filing a claim. If you have sustained an injury while working and wish to file a claim, consider contacting a Cherry Hill workers’ compensation lawyer. A knowledgeable attorney can attempt to work towards a fair outcome for you.
Origins of Workers’ Compensation Benefits
Workers’ compensation is a law that was passed in the early 1900s when workers and management got together and came up with this concept that, if workers get injured on the job, their employers should be held responsible and help the injured person financially, while also helping the person receive medical treatment.
The deal was struck, and in exchange for the benefits that the employer provides, workers gave up their right to sue the employer. Workers’ compensation is not a lawsuit of any sort. A workers’ compensation claim is simply a claim for benefits and is available to anyone who is injured in the course and scope of their employment while they are working, and that is the basic concept of workers’ compensation laws across the United States.
Difference Between Workers’ Compensation and Other Cases
Workers’ compensation is different in the sense that it is not a lawsuit. In a lawsuit, such as if someone gets injured in a car accident, or a slip and fall, or is the victim of a medical malpractice, those people file lawsuits against the individual or individuals who were negligent. In the car accident, if someone is injured, they will file a lawsuit against the driver who caused the accident.
In workers’ compensation, there is no lawsuit and there is no consideration of negligence. It is a no-fault law. With only a few exceptions, it does not matter who causes the injury. It is as if the injury happened on the job, benefits are provided. It is the injured worker’s status as an employee that triggers the claim.
Complexity of Workers’ Compensation Claim Forms
Usually, when an injury occurs, the human resources department or the supervisor might be asked to fill out an incident report. It is not very complicated. They are not very uniform but in most places, they are just asking the injured employee what happened.
The form asks for the person’s name, rank, serial and social security number, and for an account of the events that led to the injury. An experienced Cherry Hill workers’ compensation lawyer can help individuals fill out the claim petition so the individual can pursue compensation.
Filing a Claim
Initially, the only thing a Cherry Hill workers’ compensation lawyer can do is advise people of what their rights are, and make sure that the insurance company provides the benefits that they are supposed to provide.
Later, the attorney can file a claim petition which makes the claim formal and puts it into the workers’ compensation court system. That is the Cherry Hill workers’ compensation lawyer’s function. An individual could also do it on their own and file an informal claim, but it is not advisable.
Benefits of a Cherry Hill Workers’ Compensation Attorney
The best reason to contact a Cherry Hill workers’ compensation attorney is that you may not have the same grasp of workers’ compensation law that a professional does. An attorney can explain what you are entitled to, and can work with you in an attempt to protect your rights and interests.
Injured workers often wonder what their rights are, what their responsibilities are and the best way to find out is to call a legal advocate who knows the answers to those questions. If you have been injured while at work and need help filing your workers’ compensation claim, it is best to work with an experienced attorney that can fight for you.