Workers compensation is an insurance which provides for medical benefits and as a wage replacement for employees who were injured on the job. If this insurance is accepted without full understanding of the law the person who was injured may be giving away any right to recourse. Worker’s comp benefits are tied to a mandatory relinquishing of any right to sue for the tort of negligence. For this reason, you should seek the assistance of an attorney when claiming for workers compensation in Cedar Rapids, IA.
Before any agreements are made between the worker and the employer’s insurance company, the lawyer must be consulted as there are many other issues to consider apart from the immediate need for medical benefits and wage replacement.
If there was any negligence on the part of the employer, then there may be a call for punitive damages and an award for pain and suffering incurred. These two issues are never part of any plan for workers compensation in Cedar Rapids, IA and as such, only an attorney can guide you on your course of action.
If you feel that medical benefits and wage continuance is not compensation for the pain and suffering you will know once you have had an initial meeting with an attorney. Once the attorney is aware of the fact he can evaluate the potential merits of a claim. If a claim appears to be possible, the attorney will brief the client on what to expect during mediation, the benefit review and litigation.
As all costs that are contributable to the accident can be claimed, the attorney will instruct the client that perfect records must be kept of any expenses pertaining to his medical care.
Once it has been decided to pursue a claim, the attorney will start gathering statements from medical personnel, witnesses to the accident, employment records, etc. He will also attempt to make a personal inspection of the scene to gather measurements and to take photos.
To make a claim against workers compensation in Cedar Rapids, IA., the employer and the worker’s compensation insurance company will be advised and put on notice that a claim is being placed against them. There is only a certain length of time for making the claim so having the attorney advise and guide you are very important if you are going to be successful.
If possible, the attorney will attempt to negotiate an agreeable settlement with the insurance company. If the negotiations fail, then the mediation process will go forward and if mediation fails a suit will be filed, and the case will go to court. If the case goes to court the attorney will file all the depositions of the employer, any factual witnesses and if necessary, an expert witness.