You have a right to initiate a workers’ compensation claim if you become ill or sustain an injury in a work-related incident. Even so, many injured workers fear speaking up or pursuing compensation for fear of retaliation from their employers.
While an employer cannot fire you because of filing a workers’ compensation claim, they can dismiss you for poor performance or company-wide layoffs. If your termination seems suspicious or closely follows your claim, it may be a case of wrongful termination.
You should, therefore, consult a legal professional to understand your rights and options after a work-related injury. A Billings workers’ compensation lawyer can investigate the incident, represent you in disputes, pursue your rightful benefits, and protect you from wrongful termination.
Can an Employee File a Workers Comp Claim
You should never hesitate to seek compensation when facing a work-related injury or illness. Here are five reasons why you have the right to file a workers’ comp claim:
Injury at Work
You are entitled to file a workers’ comp claim if you sustain an injury while performing your job duties, whether due to an accident or repetitive strain. An injury at work can include anything from a slip and fall at the workplace to a back injury from lifting heavy equipment.
Seeking compensation is a legal right that allows you to receive the care and support you require to recover from the injury.
Occupational Illness
Some work environments expose employees to hazardous substances or conditions that can lead to occupational illnesses. Whether it’s exposure to toxic chemicals or loud noise causing hearing loss, if your job has contributed to an illness, you have the right to file a workers’ comp claim.
Medical Expenses
Filing a workers’ comp claim helps cover medical expenses related to your work injury or illness. Your employer’s workers’ comp insurance should cover your treatment plan, from doctor visits and surgeries to medication and rehabilitation.
When you file a workers’ compensation claim, you can use the settlement check to meet medical needs without financial strain.
Lost Wages
If your work injury or illness results in missed days at work or the inability to perform your job, filing a workers’ comp claim can help compensate for lost wages. Compensation for lost wages allows you to alleviate the economic strain caused by your inability to work due to a work-related issue.
Lost income damages can compensate you for:
- Regular salary
- Tips
- Bonuses
- Commissions
- Overtime
- Vacation
Disability Benefits
In cases where a work injury or illness results in a permanent disability or impairment that affects your ability to work, filing a workers’ comp claim can provide disability benefits.
These benefits support individuals facing long-term consequences from a work-related issue, ensuring they have the financial assistance to maintain their quality of life and meet their ongoing needs.
What Happens When an Employee Files a Workers’ Comp Claim
When you file a workers’ compensation claim, a series of preceding steps can impact your case and future.
Here’s what happens after you file a workers’ comp claim.
After submitting your claim, the first step is for your employer to report the injury to their workers’ compensation insurance provider. After the notification, an insurer will commence investigations to determine the validity of your claim.
They will review the details of your injury, medical documentation, and any other relevant information to assess the extent of your injuries and the eligibility of your claim.
The insurance company will either approve or deny your workers’ compensation claim. If your claim is approved, you will receive compensation for injury-related losses as outlined in the workers’ compensation policy.
However, if an insurer denies your claim, you can appeal the decision through the workers’ compensation appeals process. During the appeal process, the input of an experienced workers’ compensation attorney can make a significant difference in the outcome of your case.
A workers’ compensation attorney can provide invaluable support and guidance throughout the appeals process, helping you gather additional evidence, prepare for hearings, and present a compelling case to secure the compensation you deserve.
Can an Employee File a Workers Comp Claim After Being Fired
In the unfortunate event of being fired, the question of whether you can still file a workers’ compensation claim may arise. However, termination does not automatically disqualify you from seeking the benefits you are entitled to under the law.
Workers’ compensation laws protect the rights of employees who suffer work-related injuries or illnesses, regardless of their employment status.
If an employer fires you after sustaining a work-related injury or illness, you should consult a knowledgeable workers’ compensation attorney to evaluate your situation. A workers’ compensation lawyer can help determine if your termination was unlawful retaliation for filing a workers’ comp claim.
If they establish that an employer fired you in retaliation, you may have a valid legal claim against your former employer. A seasoned workers’ compensation lawyer can guide you through the process, initiate a claim, and pursue your rightful benefits despite your employment status.
Can I Sue My Employer for Firing Me for Getting Hurt on the Job
If you’ve suffered an injury on the job and subsequently terminated by your employer, you may wonder if you have legal recourse for wrongful termination. In most states, it is illegal for an employer to fire an employee in retaliation for filing a workers’ compensation claim.
The role of these state laws is to encourage employees to seek compensation and medical care after a workplace injury.
When an employer fires an employee for pursuing a workers’ comp claim, it can be considered a violation of state laws that protect workers’ rights. As an injured employee, you can seek legal counsel and explore your options for holding your employer accountable for wrongful termination.
A knowledgeable workers’ compensation lawyer can handle the legal process, gather evidence to support your case, and represent your interests in court.
How Much Can You Sue for Workers Comp
There is no average value you can sue for workers’ compensation. The outcome depends on the facts and circumstances of the accident.
Here are the factors that influence the value of a workers’ comp claim:
Severity of the Injury
The severity of your injury can determine if you’ll receive a higher or lower settlement value. More severe injuries often result in higher compensation due to the increased medical expenses, inability to work, and reduced quality of life.
For instance, a broken bone may result in a lower settlement value compared to a traumatic brain injury that requires ongoing treatment and care.
Permanent Disability
Permanent disability resulting from a workplace injury has a significant impact on the compensation amount.
Suppose your injury leads to permanent impairments that affect your ability to work or perform daily tasks. In that case, you may be entitled to additional compensation to account for these long-term effects.
Damages for permanent disability may include compensation for loss of earning capacity or future medical expenses related to the permanent disability.
Type of Work
The type of work you perform will also determine your settlement value. Some occupations, such as construction workers or healthcare professionals, may carry a higher risk of injury due to the nature of the job.
The level of risk associated with your job can influence the compensation you may receive, considering factors like the physical demands of the job and the likelihood of sustaining a work-related injury.
Pre-Injury Earnings
Your average earnings before the injury can determine if you’ll receive a higher or a lower settlement value. Compensation for lost wages is based on a percentage of your pre-injury earnings, with the goal of providing financial support during your recovery period.
Therefore, the higher your pre-injury earnings, the better your chances of receiving a higher settlement value.
Employers’ Insurance Coverage
Employer’s insurance policy coverage is the source of compensation for injury-related losses. An employer with lower insurance coverage can restrict your ability to recover from injury-related losses.
A workers’ compensation attorney can explore additional options, including a third-party claim against someone other than your employer who may be responsible for the injury. Alternatively, they can file a workers’ compensation lawsuit to maximize your settlement value.
The Length of Your Recovery Period
The duration of your recovery plays a role in determining the overall compensation for your workers’ comp claim, as it reflects the impact of the injury on your health and ability to work.
A longer recovery period may result in higher medical expenses, rehabilitation costs, and potential ongoing treatment needs. For example, a spinal cord injury that requires years of injury may demand a higher settlement value compared to a broken bone that takes a few months to recover.
Disputes or Denials From Your Employer
Disputes or denials from your employer or insurance company can also affect the compensation amount for a workers’ comp claim. If an insurer questions your work-related injury, the severity of your condition, or the extent of your disabilities, it may impact the amount you can sue for.
A workers’ compensation lawyer can help resolve disputes and address denials to obtain a fair settlement value for your losses.
When to Hire a Workers Comp Lawyer
Although many injured workers obtain compensation from their employer’s insurer, some cope without compensation. Working with an experienced workers’ compensation lawyer increases your chances of a positive outcome.
An Employer Denies Your Claim
You should also speak to a legal professional if an insurer has denied your workers’ compensation claim. Denial is common, and it doesn’t necessarily mean the end of the road for your claim.
An experienced workers’ compensation attorney can support you during the appeals process to increase your chances of a successful outcome.
A workers’ compensation attorney can use the following evidence to strengthen the appeal process:
- Expert testimony
- Injury or employment history
- Eyewitness statements
- Incident or accident reports
- Medical records
You Have Sustained a Severe or Permanent Injury
A severe injury has a significant impact on your finances and health. You should have a workers’ comp lawyer to ensure you receive the appropriate compensation for your present and future losses.
They can assess the true extent of your injury, negotiate with insurance companies, and fight for a maximum settlement value.
An Employer is Pressuring You to Return to Work Early
Returning to work before recovering from workplace injuries can jeopardize your health and well-being. If you’re facing pressure from your employer or insurance company to return to work prematurely, a workers’ compensation attorney can help protect your rights.
They can assess your medical condition, challenge any attempts to force you back to work before you are ready and ensure you are not unfairly penalized for prioritizing your recovery.
You Have a Pre-Existing Condition
Having a pre-existing condition doesn’t disqualify you from receiving workers’ compensation benefits if your work-related injury exacerbated or worsened your existing condition. However, insurance companies may use pre-existing conditions to deny or undervalue your claim.
A knowledgeable workers’ compensation attorney can use evidence to differentiate between your pre-existing condition and workplace injury, ensuring you receive the compensation you are entitled to.
A Third Party May Be Liable
Sometimes, a third party other than your employer may be partially or fully responsible for your workplace injury. Identifying and pursuing a third-party claim can increase the compensation you receive.
A workers’ comp lawyer can investigate the circumstances of your injury, determine if third-party liability exists, and guide you through the legal process of seeking additional compensation through a separate legal claim.
You Don’t Have to Face Employer Retaliation Alone
Losing a job or unfair treatment after a workers’ compensation claim can leave you without benefits for your injury-related losses. You may struggle to cope with hefty medical bills or lost productivity without adequate compensation.
A Montana personal injury attorney can shield you from unfair treatment. They will work hard to protect your rights, investigate any wrongful termination, and help pursue your entitled rights.
With proper legal support, you can focus on recovery while someone fights for your rights. Get in touch with a workers’ compensation lawyer for legal support.