Each state has its own workers compensation laws specifically designed for compensating employees injured on the job. While the laws and systems vary with each state, there are some general guidelines that apply to all states for a person injured on the job. If you are injured on the job in New Orleans, hiring a New Orleans workers compensation attorney is a smart idea. Below are 5 tips that you should know about workers compensation if injured on the job.
Not all employers have workers compensation
Before an employer is required to carry workers compensation, they must have a minimum number of employees. Normally, it is two to four employees. Therefore, if you work for a small company, the employer may not be required to carry a workers compensation policy. Casual workers might not be covered by workers compensation.
If injured, you do not need to prove the employer was at fault
To make it a simple process for workers to get paid and receive medical treatment when they are hurt at work, the workers compensation law excludes having to prove fault. When an employer is at fault, it does not matter. The employee only has to prove that they were at work while injured.
You will have to see a medical provider your employer appoints you to see
As much as you might not like it, your employer and the workers compensation policy choose the medical provide you see for work related injuries. If you refuse to see that medical provider, your medical claim may be invalid. The employer is responsible for paying the medical charges when they send you to their doctor. When you choose to go on your own, you are responsible for your own bill.
Most workers compensation attorneys work on a contingency fee basis
This means that the attorney is paid a percentage of what is recovered for the client. If your attorney does not recover compensation for you, they will receive no money.
The fees that a lawyer charges must be approved by the workers compensation Board
The Board is there to settle disputes between the employee and employer with regards to the injury. Part of settling those disputes also requires the Board to approve any workers compensation fees charged by the lawyer. In most cases, the fee is 25 percent of the compensation awarded to the employee who is injured.
If you are injured at work and have questions about workers compensation, you should contact a workers compensation lawyer in your specific state.