Filing a Workman’s Compensation Claim

One of the last things any of us wants to do is be faced with an on the job injury or with trying to file a workman’s comp claim, particularly if the incident is not as clean cut as we would like it to be. Although most claims for workman’s compensation are easily settled, there are certainly many that involve employers attempting to deny any liability for the illness or injury that occurred. As a result, complications occur and benefits may be denied.

Denying Responsibility

Sadly, many workmen’s comp cases result in permanent injury. This is especially prevalent in cases of debilitating back and neck injuries where the employer attempts to place the blame on factors other than conditions of the job. Therefore, it is best to obtain a lawyer to help you win your case and to force the employer to accept responsibility.

Even if you think you don’t need a lawyer, it is always better to have someone who is looking out for your best interests. Claims for workman’s compensation are not as open and shut as you may think, even if you have been on temporary leave or light duty status for an extended time. Some employers will even attempt to fight you when they have openly admitted your injury is job-related. Therefore, you have to have someone in your corner that is willing to pull all the legal strings immediately in order for your case to be resolved as quickly as possible.

Getting a Doctor to Take Your Side

Claims for both workman’s compensation and social security disability can bring out the worst in both employees and employers. No matter what the circumstances are, each one is looking out only for himself. Therefore, it’s essential to have a third party involved. This is especially true in cases where there may be some doubt whether the employee has a permanent injury or disability and whether it was the result of something that happened in the performance of one’s job duties. Cases involving back and neck injuries and even respiratory problems are often pushed off as being related to outside sources. Many doctors are unwilling to openly admit that an illness or injury is job-related because they do not wish to be called upon in court to testify to the validity of those claims.

Proving Your Case

Even when employees slip and fall on wet floors, employers will attempt to prove there was an existing back injury that led to back problems after an incident rather than the incident itself. Unfortunately, the court will often place the burden of proof on the defendant rather than the plaintiff. You may be asked to prove that you had no prior condition that was simply aggravated by the circumstances of your employment. Any attempt to prove this on your own without legal counsel is likely to be unsuccessful.

No matter what your claim for disability or workman’s compensation may be, you always want to protect yourself by hiring a good lawyer to work the case for you. Choosing the best in legal assistance will help assure that all of the evidence of your claim is placed before the court and your employer’s legal team. To get help with your case, contact the experts at CentralJerseyLegalServices.com for help.