Worker’s Compensation Attorney
A Rock Island county workers compensation lawyer may be able to help you navigate the sometimes confusing path to earning compensation for an injury sustained at the workplace. Workers’ compensation law is made up of a complicated system of rules in each state. These rules are designed to cover the expenses of employees who are injured while working or performing duties related to their jobs. Employees eligible for workers’ compensation can recover anything from lost wages and medical expenses to disability payments and any costs associated with retraining and, when necessary, rehabilitation. The workers’ compensation system is administered by the state, but is financed by employer contributions. These contributions are mandatory. Federal government employees have a similar program that does not work exactly the same way.
A Rock Island county workers compensation lawyer may be able to help you determine your eligibility for workers’ compensation. Workers’ compensation was originally enacted to replace the typical personal injury litigation that previously made sure employees’ expenses were covered. Workers’ compensation is an attempt to remove some of the risk for both the employee and the employer. Before workers’ compensation was enacted, employees who were harmed or became sick as a result of work-related circumstances were required to file a lawsuit to prove the responsibility of their employers. This old system sometimes resulted in delays as well as the possibility that the employee would lose the court case and recover no losses.
How Does Workers’ Compensation Benefit Employers and Employees?
Workers’ compensation eliminates the possibility of personal injury litigation that could lead to a large damage award, perhaps one large enough to do real damage to the company. With workers’ compensation, even if the employer acts negligently and an employee is harmed or even killed as a result of that negligence, the employer can only be held responsible for its contributions to the system. All the employer has to worry about is increased rates following an incident. At its heart, workers’ compensation is a compulsory insurance program.
What Are the Drawbacks to Workers’ Compensation?
In exchange for the assurance and certainty workers’ compensation provides, the system does carry a price for employers and employees. On the employees’ side, workers are not able to sue employers or coworkers for negligence, and a traditional personal injury lawsuit could result in more compensation than a workers’ compensation case. On the side of the employers, the main drawback is the premiums the state charges, which can be harsh. This added expense is mandatory even if there is never a workplace accident. However, every state does provide some exceptions. In some cases, workers may be able to bypass the workers’ compensation statutes to file a personal injury lawsuit instead. These exceptions traditionally include situations in which a worker was intentionally harmed by an employer or coworker. Exceptions sometimes exist for workers injured by defective machinery, equipment or products, or workers who are exposed to toxic substances. Workers are also able to file lawsuits against third parties, such as drivers and property owners. If you feel you are eligible for a lawsuit, a Rock Island county workers compensation lawyer may be able to help.
What Happens When a Case Is Disputed?
When a workers’ compensation claim is disputed, the employee will be seen by a physician who will perform an evaluation on the state’s behalf. The physician is supposed to be impartial, but employees should know that, in this case, doctor-patient confidentiality does not exist. Any statements you or the physician make during the physician’s evaluation may be able to be used by the employer to claim that the injury is less severe than claimed or not work-related or not. When a case is disputed, a Rock Island county workers compensation lawyer may be able to help you.
Contact a Rock Island County Workers Compensation Lawyer
If you think you are eligible for workers’ compensation, call VanDerGinst Law at 866-788-5297. Even though workers’ compensation premiums only account for a fraction of most employers’ cost of doing business, workers’ compensation cases can become contentious and possibly volatile when employers feel their employees are seeking undeserved compensation. Injured workers may feel vulnerable and as if they don’t stand a chance of winning. A Rock Island county workers compensation lawyer may serve as your ally and know how to best present the workers’ compensation case in a way that maximizes the amount of compensation and other benefits you receive. Our team of workers’ compensation lawyers are licensed to practice in Illinois, Iowa and the federal courts. We have handled and can handle serious cases all over the country. No matter where you reside VanDerGinst Law can help you.