What Kind of Evidence Can I Use to Prove My Workers’ Comp Claim in Landover, Maryland?
You shouldn’t have to worry about getting hurt while you’re doing your job. Everybody needs to work in order to take care of their families. You should be able to do this without fear of getting injured. Unfortunately, accidents happen. And sometimes, people work in industries that present certain risks.
If you do get hurt at work, you should be able to expect your employer to take care of you. They should cover your medical treatment and your wages. Usually, it works this way. Most employers do the right thing and take care of their injured workers, but some will deny workers’ compensation claims.
Common Reasons For Claim Denial
You may receive a denial for your workers’ comp claim for a number of reasons. Some situations include:
- If you’re not on the clock at the time of your injury: If you’re an hourly employee, you have to clock out for breaks and lunch. You must also clock in and out when you arrive and leave work. In order to qualify for workers’ comp, you must be on the clock. Things that happen to you once you leave work aren’t covered under the law.
- Your employer believes your injury took place outside of work: If your employer thinks you got hurt on your own time, they will not pay your workers’ comp claim. Perhaps you posted that you injured your ankle playing hockey over the weekend. If you come into work the next day and claim you got hurt on the job, chances are they will deny your claim.
- Workers’ comp doesn’t cover injuries that occur on the way to or from work: It doesn’t cover accidents or injuries that take place during your commute. This is true whether you’re an hourly or salaried employee. It is very difficult to prove that your injuries were work-related.
If you receive a denial, you need to contact a Landover workers’ comp lawyer.
Your Landover Workers’ Comp Lawyer Will Find Evidence to Support Your Claim
Once you meet with your Landover workers’ comp lawyer for the first time, explain what happened. Tell him why you received a denial. Let him know the real story, because it’s important that you’re upfront and honest from the start. You don’t want him to have any surprises down the road.
If they deny your claim, your lawyer can help file your appeal. If they approve the appeal, you’ll start receiving your benefits right away. But if they still deny your claim, your lawyer will need to file a lawsuit.
Your Landover workers’ comp lawyer will have to present evidence of your injuries. He also needs to prove that your injury took place at work. Some of the evidence he may rely on includes:
- Videos and pictures of your injuries
- Witness statements from your coworkers and managers
- Your written statement about what happened
- Medical records
- Proof of prior injuries showing that your workplace isn’t safe
- Expert testimony
Hopefully, this evidence will convince your employer that your claim is legitimate. If not, your Landover workers’ comp lawyer may have to pursue your legal claim against your employer.
Can Your Landover Workers’ Comp Lawyer Settle Your Claim?
Your attorney will try to settle your claim all the way to the end. Most workers’ comp cases do settle, and very few ever get to trial. This is because both parties really just want to feel the other out. You want compensation for your injuries, and your employer doesn’t want to pay out more than he has to.
There are two (2) main ways in which your claim can settle:
- Lump sum settlement – If you’re found to have a permanent disability, your Landover workers’ comp lawyer will negotiate a lump sum settlement with the insurance company. Depending on the type of injury, this amount could be large or small. Once you do this type of settlement, you can’t go back later and ask for more money.
- Permanent Disability Benefits – You can opt to receive permanent disability benefits until your retirement age. The amount you receive depends on where the injury is on your body. It also depends on whether that body part is totally or partially injured. You will not get a lump sum, but you will continue to receive benefits over time.
Your Landover workers’ comp lawyer will work hard to achieve whichever result you prefer.
If you have a work-related injury, you need to contact a Landover workers’ comp lawyer. Call and schedule your initial consultation today.