Considering that injuries are so prevalent in the workplaces,workers compensation is necessary. The cover is meant to protect the injured irrespective of who is to blame. Nonetheless,the injured has to show proof of the injury sustained to be compensated. So,the compensation process is not that straightforward. There are components that are very critical in determining if you’ll be settled or not.
Here are the basic elements of Workers Comp Claim that you need to know,according to the best workers comp attorney:
1. Boss-Worker Relationship
The first thing to reflect in your claim is the existence of a relationship between you and the mentioned employer. You may have to provide a work contract,an employment letter,or proof of payroll taxes. This helps in case the employer is trying to refute the relationship.
2. Proof of Accident
Once it’s clear that there exists or existed a working relationship between you and the employer,the next thing is to establish if the injury was accidental or intentional. If it was accidental,the employer has to be liable for breaching the “Duty of Care,” which gives him or her the right to protect the workers.
3. Circumstantial Proof
This element looks at whether the injury happened at the mentioned place,time,and date as the injured claims. So,the insurance (through the adjuster) will carry an investigation and interview witnesses.
4. Risk Assessment
If you are working in a risk-prone organization such as a biochemical laboratory or a textile industry,this element looks at possible risks with respect to your job. If any of the risks led to the accident,you’ll be compensated.
With the above elements of a Workers Comp Claim,it’s easier to convince the insurance company to compensate you appropriately. The factors are integral in showing the ‘Burden of Proof’. Besides,the clearer the proof is,the faster and less complicated the compensation process will be. Make sure to retain a goodhttps://www.leadcounsel.org/attorney/the-hawkins-law-firm.