When You're Injured at Work, You Need Workers Compensation Benefits - How Does it Work?
Sep 29, 2020 10:11 PM EDT
With regard to accidents at work, the law is very clear: all workers who suffer some permanent injury or an aggravation of a previous injury are entitled to compensation.
In this post, we will try to explain in a simple way the various stages of the legal process of claiming compensation for work accidents.
Evaluation of Bodily Harm by an Expert From the Labor Court
The injured person is notified by letter of the day on which they must present the examination for the assessment of bodily harm. The test is mandatory, and the worker must carry medical reports related to the accident. Ensure you hire an injury lawyer to help you on the process.
The parties involved in the process, worker, insurance company, and, possibly, the employer, are called to attempt conciliation. The attempt to reconcile may be on the day of the examination of bodily harm, which forces the worker to be prepared to decide whether or not to accept the permanent partial or absolute incapacity for work and corresponding compensation, as well as the date of discharge, the amount of the consideration transferred to the insurance company.
The following situations can occur:
Suppose the victim and the insurance company's representative agree with the court expert's assessment, the transferred compensation, the causal link, and the date of discharge; In that case, there is conciliation, and the process ends here. Generally, the victim is called to court to say whether he accepts the value without knowing what it means in economic terms.
- Medical board request
If the victim or the insurance company's representative does not accept the court expert's assessment, a Medical Board is required to evaluate the case further. At the Medical Board, an expert representing the injured party, an expert representing the insurance company, and an independent expert from the court are involved. The medical board's decision is not binding, but, as a rule, it is accepted by the judge and considered the final and fair assessment.
- Initial Petition
Suppose there is no agreement regarding the existence or characterization of the accident as being at work, or there are differences in remuneration, or even considering that the accident occurred due to the omission of the safety rules at work by the employer. In that case, the victim must present a petition setting out its grounds. In this case, the insurer will have the right to challenge, and there will still be a trial.
When the sentence is handed down, and neither party appeals to a higher level, the worker is informed of the compensation. The worker is also given a date on which to receive it.
This process is relatively quick, especially if there is no need to draft a petition, but it remains quite opaque concerning the worker's information.
In the event of an accident at work, inform yourself of your rights and the deadlines for claiming if the insurance company discharged you without devaluation.
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