Workers compensation is a number of laws which are in place to protect a worker should he or she be injured on the job. The objective of workers comp as it is frequently called is to assure complete medical care and attention as well as provide the injured worker with wages while off work and to fund rehabilitation and retraining in the event the worker cannot return to the work force in the same capacity. A workers compensation attorney is one that can help get more than just the basic benefits nd can make sure you do not suffer as a result of early termination.
Exclusions:
If, while the accident is being investigated it is found that the injured employee was intoxicated, under the influence of mind altering drugs or the accident was caused by willful misconduct then benefits in most cases are denied.
Special statutes:
In some occupations there are laws that go beyond those that apply to traditional workers comp. The laws apply to classes of workers that are frequently exposed to illness or injury not normally associated with a typical working environment.
- Jones Act: covers seamen who were injured due to a negligent act while working aboard a United States flagged vessel.
- Federal Employment Liability: This act makes railroads that are engaged in inter-state routes liable for employee’s injuries from negligence on part of the railroad.
- Longshoreman and dock workers: These are laws that cover the compensation that certain employees of private maritime companies can receive.
- Black lung: This is a unique law that provides compensation for miners suffering from pneumoconiosis.
Litigation:
The majority of people that suffer a work related injury recover quickly and return to work showing no ill effects. The only thing these people know is that when they are injured, they can apply for workers compensation benefits and get them. Where things get difficult is when the injury is serious. In many cases when there is a serious injury the insurance company will simply refuse to pay benefits, when this happens the injured party must hire and rely upon a workers compensation attorney.
A workers compensation attorney is needed when the injured employee is denied his or her rightful benefits. In many cases the employee is told to go back to work long before they should, being denied long term disability payments even though the injury wad debilitating with long term consequences.
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