Vermont Workers Compensation Injury Lawyer Discusses Workers’ Compensation Myths
Our Vermont workers compensation injury lawyer may be able to help you if you are having difficulty with your workers’ compensation. The following is a list of common workers compensation myths. Understanding these myths and where they stem from may help you in your quest to obtain a workers’ compensation settlement.
Myth 1: Injured workers may be compensated for any issue that develops while at work.
While New York, California and Illinois allow claimants to file for any painful condition that arose while at work, most states do not. Your workers’ compensation eligibility is based on three major theories, including positional risk doctrine, mutual benefit doctrine, and the scope and course of employment doctrine. There are other doctrines used to determine benefits, but these three are consistently applied as the basis for workers’ compensation theory and determining liability. However, in most states, you must be able to prove a connection, however slight, between your injury and the employment environment or tasks you were required to complete. Otherwise, the claim is usually not compensable. Practically speaking, this means that you are not eligible for a workers’ compensation claim if you simply developed pain while at work but there is no link between the pain and your employment. Many people mistakenly believe that feeling pain while on the job means they have a valid workers’ compensation claim. Many small business owners do not realize that they are not liable for all injuries their employees sustain while on the job. In such cases, it is recommended to ask specific questions about the origin of the pain.
Myth 2: Workers’ composition jurisdiction is up to the business to decide.
Determining jurisdiction in a workers’ compensation is not always a simple process. For example, a worker who primarily works in one state and is injured while performing a work-related activity in another may result in a complex jurisdiction decision. In most cases, you can choose to file your claim in one or both states. It is common for workers to choose to dismiss a claim in one state to have it moved to another due to the regulations in that state. If your state has jurisdiction over a claim, you must give more reason for transferring the jurisdiction than simple preference. Instead, it is best to develop a well-reasoned position for the judge to consider. A Vermont workers compensation injury lawyer may be able to help you develop a sound case for why your case should be moved to a different jurisdiction. While this step may seem simple, it could be a determining factor not only in whether your claim is successful but how much you receive. States that do not have stringent rules governing the link between the injury and your work are generally more lenient when determining claim eligibility.
Myth 3: Employers do not need to worry about their claim since their workers’ compensation insurance will handle it.
If you are filing a workers’ compensation claim, your employer will likely be actively involved even if he or she has insurance. Employers are advised to manage and monitor all workers’ compensation claims, even if they are being paid through insurance. Like any other form of insurance, workers’ compensation premiums rise with the number of claims filed and received. For this reason, you may find your employer resistant to approving your workers’ compensation claim. Working with a Vermont workers compensation injury lawyer may help you when it comes to dealing with your employer and his or her insurance adjuster. Insurance adjusters are also likely to look for reasons to deny your claim in order to save money. Having representation on your side can not only help with the filing process but keep your employer and the insurance company accountable for honoring their obligations.
Myth 4: Workers’ compensation claims are usually fraudulent.
While there are a large number of fraudulent claims filed at companies across the United States, it is simply not true that the majority of cases are fraudulent. In fact, only 2 percent of all claims are fraudulent, according to a study by the University of Michigan. While study results may vary, the actual number of fraudulent claims is nowhere near the majority of claims filed. This is a dangerous attitude for employers and insurance carriers to have as it can lead to unjust denial. Denying benefits to an employee whose claims are valid is a violation of legal regulations. If your employer denies your valid workers’ compensation claims, you can still appeal the decision. Employers who frequently deny claims without having a valid reason also garner a negative reputation with judges. A reasonable approach for your employer to take is being on the lookout for evidence of fraudulent behavior without expecting that each claim is fraudulent. This strategy creates a better rapport between you and your employer during the negotiation process. If your employer or the workers’ compensation insurance provider rejects your claim outright and you do not believe they have a valid reason to do so, there is still hope of filing a successful claim. A Vermont workers compensation injury lawyer may be able to step in and negotiate with your employer on your behalf. Representation can make a stubborn employer or insurance company take your claim more seriously and may increase the likelihood that you will receive a fair settlement in the process.
Contact a Vermont Workers Compensation Injury Lawyer
Contact Galanes Law today at (802) 698-8356 to work with a Vermont workers compensation injury lawyer.