Workplace Injuries: What Are the Standards for Filing a Workers Compensation Claim?

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We all work in order to live. It is our primary method of earning money that enables us to pay for life’s necessities, such as food, clothing and shelter. Work also grants us intrinsic rewards, such as developing our skills and experience so we can become a more important asset to a company. That way we can get new jobs, bigger promotions, and make more money so we can pay for luxuries as well as necessities.

It can be a struggle to get to that point. In our pursuit of financial stability, there are risks that must be taken — especially if your job involves tasks that are more dangerous than a desk job in an office.

There are many times when an individual is hurt or injured because of an accident in the workplace. Now, if you happen to be unfortunate enough to go through such an experience, these are the things that you need to know if you want to get due compensation.

Workers’ Compensation

Workers’ compensation is a measure that is designed to provide financial protection for employees who are injured while performing their duties. It provides assistance to help them recover, whether it be in physical and mental, financial, or even in emotional terms. It does not necessarily mean that a company was negligent in its duty to take measures that ensure the safety of its employees. That is an entirely different legal matter altogether, and both issues are encompassed by the technical expertise of the lawyers at Cain Law Office.

The aid offered due to a workers’ compensation claim is significant and so, what’s going to keep unscrupulous individuals from abusing this measure?

Claim Requirements

It is wrong to think that workers’ compensation can be used to get free money from any mishap that happens to a worker. The resources in the program are limited and are intended to for workers that truly need aid, which is why there is a certain standard that all claims must meet.

There are two primary circumstantial requirements to meet before you can be considered for a workers’ compensation claim.

  1. The injury must be a result of the worker’s position and the duties that that worker is beholden to because of that position.
  2. The injury must have been sustained during the performance of those duties.

The premise for the first requirement is that you need to establish ties between the employer and employee and that it must explain why the worker is required to be in a particular place, performing particular duties.

The second requirement seeks to establish if the injury was sustained because the employee was where the employer required him to be, and that during the time of the injury, the worker was under the responsibility of the employer.

These requirements must both be strictly met, especially because a workers’ compensation claim also covers injuries that arise after the accident. Psychological disorders are also subject to a workers’ compensation claim.

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