Should You Get A Work Comp Attorney?

Should You Get A Work Comp Attorney?

  • Sep 23, 2021
  • Blog
  • Michael Burgis & Associates, P.C

Some who suffer injuries at work are worried about filing a workers’ compensation claim because they want to move up in the company and are afraid of being blackballed. However, you have the right to receive compensation for your medical expenses related to the accident. Should your injuries cause long-term or permanent disabilities, you would be entitled to receive medical costs and other damages. 

Contact a workers’ compensation attorney today for a consultation and to learn more about your rights. 

Who Pays Workers’ Compensation?

Your employer’s workers’ compensation insurance pays for your damages, not your employer. Most employers need to by law to carry workers’ compensation insurance. They pay the premiums for the insurance whether people get hurt on the job or not. 

Do You Need a Workers’ Compensation Attorney?

Some people file a workers’ compensation claim without an attorney, but we do not advise that. If the claim is not filed correctly, you will have to file an appeal. Which means there is a delay in receiving damages for your injuries. 

You should retain a workers’ compensation attorney as soon as possible after a workplace injury. The attorney will explain your rights and help you decide whether to file a workers’ compensation claim or sue your employer’s insurance company. Workers’ compensation claims are often complicated, which could result in claim denial. In some cases, you can sue your employer instead of filing a workers’ compensation claim. These situations include: 

  • Your employer did not have workers’ comp insurance at the time of your injury. If your employer did not have worker’s comp insurance, you do not have to prove your employer was at fault for your damages – it must prove that it was not at fault. Additionally, your employer cannot say that another employee caused your injuries or that you were partially at fault. 
  • Damages caused because your employer willfully physically assaulted you. 
  • Injuries were caused by a power press machine that was not correctly set up. 
  • Injuries caused because your employer fraudulently hid something. The employer has to know the situation did cause your harm but did not tell you. 
  • Injuries you suffered because of a product made by your employer, but you were not acting as an employee when you received your injuries. This is known as dual capacity. 

Contact a Workers’ Compensation Attorney

After suffering injuries on the job, contact a California workers’ compensation attorney immediately. The attorney will review your case and help you file a workers’ compensation claim. Should you fall into one of the exceptions listed above, you could file a civil suit against your employer. 

If you’re wondering if you should get a work comp attorney, contact Michael Burgis, a certified legal specialist and trial attorney, today for a consultation.

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