Standing Up Against An Employer For Workers' Compensation Benefits

Law Blog

Do you go to work feeling annoyed and in pain each day because you were injured on the job? If the reason for your annoyance is that your employer refuses to believe you were injured at work and will not give you time off, you can do something about it. The good thing about the entire situation is that you do not have to lose your job for standing up for your rights, which includes workers' compensation benefits and time off from work. If you are too fearful about what might happen if you stand up to your employer, a lawyer can provide some relief in the situation. The first benefit that you will have by hiring a lawyer is someone to speak on your behalf and show that you are not playing games.

Making Your Employer Aware of Your Intent

You can continue going to work as usual and let a lawyer speak to your employer. They will call your employer to let them know that you have opened a legal case regarding workers' compensation benefits. The lawyer will also let your employer know that you are struggling to perform at work because of the nature of your injury. After letting your employer know your intent, the lawyer will know how to proceed with your case. For example, either your employer will cooperate due to you hiring a lawyer, or further legal action will need to be taken.

Proving That You Need Time Off From Work

You should not have to work when you are injured to the extent of struggling to do so. In fact, continuing to work with a severe injury can cause the problem to get worse in some cases. For example, if you hurt your back during a fall at work, there could be broken bones in your back that need to be treated before you work. Your medical records regarding the injury, along with any written complaints you have made to your employer can be used as evidence that you need time off from work. The date and time written on the medical documents for which you were treated for the injury can be used to prove that you were injured at work.

Speaking to Witnesses Regarding the Injury

If anyone at your workplace witnessed the injury taking place, it can help build your case. A lawyer will speak to anyone who may be able to act as a witness. Even if no one actually saw the injury, they may have witnessed your employer saying that they know you were injured, but will not approve workers' compensation benefits. Witnesses may have also heard how unfair your employer has behaved toward you since the injury occurred.

Contact a local workers' compensation attorney to learn more. 

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12 May 2023