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Workers' Compensation Archives

Why do people need lawyers for workers' compensation claims?

Workers' compensation is supposed to be pretty much "lawyer-free." At least, that's the way they're supposed to work. Unfortunately, it doesn't always happen that way -- leaving surprised workers scrambling for legal help when the process of getting the benefits they're due turns out to be far more convoluted than expected.

On workers' compensation? Be guarded on social media

Workers' comp insurance fraud costs insurers more than $7 billion each year -- so they have good economic reasons for being suspicious of some claims. Unfortunately, it's easy for legitimately injured workers to get caught up in an investigation where you're presumed to be faking until proven injured.

The purpose of a neuropsychologist's evaluation

Ultimately, workers who suffer from head injuries that affect their ability to think clearly react in a timely manner, keep their emotions in check and communicate efficiently are often at a disadvantage if there's no medical way to prove that their conditions are real. However, a perfectly normal-looking brain may still function abnormally for any number of reasons. This can open the injured worker up to allegations that he or she is feigning an illness to get out of work.

Can I sue my employer instead of filing workers' compensation?

Usually, workers' compensation is meant to be the "exclusive option" available to injured workers. Essentially, in order to have coverage under workers' compensation -- which will cover your injuries even if you are at fault for the accident that caused them --- you legally give up you ability to sue your employer for negligence instead.

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