At yabobet在线官方注册,P.L.C., we are often asked how workers’ compensation litigation can be avoided and how to present the strongest possible case to increase the likelihood of benefits being paid. 如果你遵循下面列出的说明, you can improve your chances of securing workers’ compensation benefits without the necessity of litigation.
The Workers’ Disability Compensation Act (WDCA) requires an employee to report a work-related injury within 90 days, or within 90 days of the date that the employee should have reasonably known about the injury. 您不需要以书面形式报告受伤情况. WDCA只是要求你向你的雇主提出建议. However, it does not count if you report your injury to a team leader or co-worker.
在你做任何手术之前, be sure you know who your employer requires you to report your work-related injuries to.
WDCA控制通知需求, but they do not control the notification rule(s) established by your employer. 因此, you should know your employer’s injury reporting time frame to help prevent an unnecessary denial of benefits.
For instance, many employers attempt to enforce reporting an injury within 24 hours or less. Failure to comply with the employer’s rule in many cases will result in your workers’ compensation claim being denied. This is particularly true when injuries occurring on a Friday are not reported until Monday.
The employer will inevitably dispute the case by arguing that you suffered a personal injury during the weekend. The employer’s defense may be quickly thrown out by a workers’ compensation magistrate, but the failure to report the injury on Friday will often result in unnecessary litigation.
If your employer refuses to pay workers’ compensation benefits and argues that your injury notification was not timely, 不要简单地接受这个回应或者放弃你的案子.
工人的赔偿案件 往往失去了, 或有争议的, due to inaccurate and/or incomplete histories given by the injured worker to their medical providers. 如果你认为你的受伤或残疾与你的工作有关, you must make sure that every health care provider is specifically told of the relationship between your employment and your disability or injury.
Make sure the examining health care provider writes down what you say about the injury and how it happened. They must write everything down so there is a record of what was said and when. 仅仅口头告诉他们发生了什么是不够的.
如果你的案子进入诉讼程序, the medical provider will be testifying months after your original examination. 除非一切都被清楚地记录下来, there is very little chance they will remember everything you told them.
You should always request that the medical provider read back the history you provided to verify the relationship to your work is documented.
You should also request a copy of the initial medical treatment record to make sure there is consistency throughout your medical treatment. 换句话说, consistency in the history of your injury or illness is as just as important as accuracy.
当你在工作中受伤, an employer will often ask you to complete sickness and accident/short-term disability forms. This will help the employer determine whether workers’ compensation benefits should be paid to you.
不可避免地, one of the questions will concern itself with the relationship between your disability or injury and your job. The question will generally read: Is your disability a result of a work-related injury?
If there is little question in your mind that there is a connection between the injury/disability and your employment, 这应该在疾病和事故表格上清楚地说明.
If, 另一方面, 在表格完成的时候, 你不确定工作是否与这次受伤有关, you should respond with “I am uncertain at this time” or “I am waiting for medical advice.”
如果你在填写表格的时候, the thought of a relationship between your employment and your injury has not occurred, 你的回答是“不”,” that should not later discourage you from applying for workers’ compensation. While a negative answer may complicate the workers’ compensation case, it is certainly not impossible to prove a work relationship in spite of that statement.
Sometimes sickness and accident/short-term disability benefits will be denied if you indicate your disability is related to work. If your employer and/or the workers’ compensation carrier has already denied your workers’ compensation benefits, 在填写这些表格时, 你应该表明这段关系存在争议.
Even if the employer does not think that the injury deserves benefits, 你不应该让这件事影响你继续索赔的决定. In many situations, the employer’s analysis of the situation is incorrect.
在一天结束的时候, a magistrate will usually determine whether you can secure benefits after a workers’ compensation hearing, or your attorney and the employer’s insurance company will negotiate benefits.
如果您遵循上述建议, you are more apt to secure workers’ compensation benefits without litigation; and if litigation is necessary, 你的理由会得到加强.
Anytime an employer indicates that workers’ compensation will not be paid, the worker should contact experienced workers’ compensation counsel for an evaluation of the claim. We would be happy to answer any of your workers’ compensation questions.