Lawyers specializing in employment injuries expect their clients to have questions. They also know the typical questions that most injured workers want to ask. So educate yourself and use your initial consultation to learn as much as you can about what to expect from your claim. Generally, you are covered by Virginia workers` compensation if your employer has three or more employees. Some workers are not insured. To reach an employee settlement agreement, you need an experienced workplace injury lawyer. Not only do you need to know the full value of your claim (including the benefits you`ll be entitled to in the future), but you also need to know how to negotiate effectively. When you sit down with a lawyer, one of the free legal consultations he or she can offer is whether it makes sense for you to seek a settlement. If this is the case, your lawyer will determine a reasonable settlement amount and negotiate on your behalf. No. If you are injured in the performance of your job, workers` compensation is your only claim against your employer. Workers` compensation is a government program to help workers who suffer injuries or illnesses in the course of their work.

It is managed by the Virginia Workers Compensation Commission (WCC). Second, if a lawyer can help, they`ll want you to know as much as you can about your legal rights – and the steps you need to take to protect your legal rights. Free legal advice for employees during your initial consultation benefits not only you, but also your lawyer. The more you know, the more you can support your claim, and the more your lawyer can help you recover. This is not legal advice (we are not a law firm and cannot provide legal advice – nor should you rely on “free legal advice” that you can find online). Rather, it`s just tips you can use to make informed decisions. Here`s what we think you should know: If you`re eligible for workers` compensation, you should be covered regardless of the type of injury you`ve suffered. Workers` compensation laws provide benefits for all types of work-related injuries and illnesses, including (but not limited to): You are likely to be insured under workers` compensation if you are an employee, whether or not you have a written employment contract. Insured employees include: When you make a workers` compensation claim, you need to know how much you can get for your workplace injury. If you don`t know what benefits you can claim, you`ll almost certainly settle for too little and too soon. Filing a claim in Michigan involves two important steps.

First, this must be communicated to the employer within 90 days of the injury. The notification can be verbal, so it is enough to inform a supervisor or manager. Secondly, a claim must be made within 2 years. The claim can also be oral, so it is enough to request paid leave or medical treatment. Employees who resign and make claims have protected their legal rights and can claim workers` compensation at any time in the future. There is a 1 and 2 year rule for old claims, which limits the amount that can be claimed in the past. Beware of employers who refuse to accept employee compensation claims and be sure to immediately involve one of our Michigan labor attorneys. Your employer cannot discriminate or retaliate against you because of your work-related injury or the filing of a workers` compensation claim. If your employer discriminates against you or retaliates against you, including threats of termination, harassment, or intimidation, you should contact a California Workers` Compensation Information and Assistance Officer, a workers` compensation attorney, or your union. You have one year from the date of the discrimination or reprisal to file a discrimination complaint with the Workers` Compensation Appeal Board. You cannot obtain workers` compensation for injury or death because of your wilful misconduct, drunkenness, wilful omission, use of a safety device, wilful violation of an employer`s reasonable rule of knowledge, or your use of an unprescribed controlled medication.

All lawyers have an ethical obligation to protect the confidentiality of their clients. Even if you receive a free damages assessment and for some reason choose not to hire the lawyer, the lawyer must keep your personal information strictly confidential. No lawyer should contact your employer without your consent, and no lawyer should disclose your personal data to third parties outside their law firm, except in the case of your employee. Workers` compensation provides benefits to workers who are injured on the job or who suffer from an illness or disability caused or aggravated by working conditions. Most employers are required to take out workers` compensation insurance. Once you start receiving payments for permanent disability, your claims manager may eventually ask you to settle your case. Resolving your case means that you release the insurance company from future liability in exchange for a lump sum payment or that you continue to seek medical care and benefits through the workers` compensation plan. There are two ways to manage it: Your employer must approve medical treatment (up to a maximum of $10,000) until they notify you if your application has been approved or denied. The insurance company has a “reasonable” period of time (usually 90 days) to decide whether to accept or deny your claim. If you do not hear anything within 90 days, it can be assumed that the application will be accepted. If the insurance company denies the claim, you must take immediate action if you want to appeal the insurance company`s decision. Submit a claim to the Workers` Compensation Appeal Board (CCAT).

An information and support officer should be able to assist you in this process. The WCAB is a state agency that oversees the workers` compensation system and exists to settle disputes. Once you`re ready to go to a hearing, submit a statement of willingness to move forward. The submission of this form is in fact a request for a hearing before the WCAB. A WCCC hearing is not a process. You can represent yourself or hire a lawyer for the hearing. Should you schedule a free initial consultation with an occupational injury lawyer? Here are three questions you can answer to help you decide: The easiest way to determine if you are eligible for employee composition is to consult with a local lawyer. While many workers are eligible, some are not, and employers do not always know which of their employees are covered and which are not. A lawyer can assess your suitability based on all relevant factors, including (i) your employment status, (ii) where you were injured, and (iii) the timing of your injury. A lawyer may be able to provide an initial assessment during your free initial consultation, or he or she may need to gather additional information before advising you to file (or not file) an employee composition application.

Workers` compensation is usually the only recourse for injured workers; An employee who is covered by workers` compensation generally cannot sue the employer in court. Lawyers specializing in employment injuries represent their clients for a contingency fee. This means two main things: (i) you don`t have to pay anything out of pocket while your claim is pending, and (ii) your attorney will only be paid if they help you get fair compensation. It is important to immediately hire a lawyer for employee comparison.