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Workers’ comp is supposed to help after an on-the-job injury. The process doesn’t always go smoothly.
Brian MacKenzie is an attorney with MacKenzie Law Firm in Denver, Colorado. Brian has represented personal injury victims since 1995. He is currently licensed in Colorado and Michigan, and he has handled personal injury cases throughout the United States. In this interview, he explains what you should do after an on the job injury, and when you should get an attorney involved.
Contact him directly by calling 888-891-8610 or by submitting a contact form on this page. The consultation is free, and you don’t owe any attorney fees unless the case ends in your favor.
An employee can pursue a workers’ comp claim if they are injured on the job. Typically fault is not a factor in these claims. No matter how the worker was injured (barring some exceptions), they should be able to receive workers’ comp. They can receive wage loss, disability benefits, and compensation for medical expenses.
A third party claim is one that exists beyond the workers’ compensation claim. These could apply in instances involving car accidents that occur on the clock or defective products that cause an injury. Under a third party claim, you can pursue damages like pain and suffering, disability, and reimbursement for medical costs.
In cases of severe injury where death or loss of a limb is imminent, seeking medical care is the top priority. If the injury is not life- or limb-threatening, it’s important to notify the supervisor or someone nearby as soon as possible.
When working within the workers’ compensation system, the injured worker should cooperate with their employer as much as possible.
When filing the claim, provide as much documentation about the injury as possible. This could include emails, medical documents, photographs of the injury and place where it occurred, as well as any other necessary information.
It’s very important to immediately notify your employer about the injury.
It’s possible that you could have both. One common example of a third party claim involves getting into a car accident while driving “within the scope of your employment.” In this case, you would have a workers’ comp claim, since the injury occurred while you were working, and if the accident was not your fault, you would also have a third party claim against the other negligent driver. This third party claim could help you seek damages like pain and suffering, which would not apply in a workers’ comp claim.
Other examples of a third party claim include:
It is not required to work with an attorney, but it is recommended. There are many ways that a case like this can go wrong if the injured employee makes the wrong move. An attorney can help make sure the injured worker is proceeding in the best way and not making common mistakes that can derail a claim. If you feel like your employer isn’t following the terms of the agreement or the law, then you should speak to a lawyer to learn more about your options.
If your workers’ comp claim is denied, contact an attorney right away. You can still obtain benefits by going through the appeals process, but you’ll want an attorney on your side. They can help you prepare for the hearing and make sure you go about the process correctly.
Remember: they want you to give up and drop your claim. Don’t give up.
Contact Brian MacKenzie directly by calling 888-891-8610 or by submitting a contact form on this page. The consultation is free, and you don’t owe any attorney fees unless the case ends in your favor.
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.