The Responsibilities Of A Workers' Compensation Lawyer
Multiple state and federal legislations focus on employment laws and outline the rights and responsibilities of each party in an employment contract. Employers have a legal obligation to remunerate their employees and provide a safe working environment. However, workplace injuries are unavoidable. Employees often sustain injuries from performing various tasks, such as lifting heavy boxes and operating heavy machinery. Employees can also sustain long-term illnesses resulting from continuous exposure to toxic gases.
Employers must amicably compensate their employees' medical expenses and other losses sustained after a workplace injury. However, many employees usually encounter various problems when seeking compensation after sustaining injuries. Such employees should hire a qualified attorney to recover their compensation and hold rogue employers accountable. Below are a few responsibilities of workers' compensation lawyers:
They Establish the Employer-Employee Relationship
The first responsibility of a workers' compensation lawyer is to establish an employer-employee relationship between the client and the defendant. Proving that an employment relationship exists is crucial because workers' compensation laws do not cover all employees. States typically identify the types of employees covered and protected by the workers' compensation laws. For instance, most states do not recognize independent contractors as employees. As such, people with workers' compensation claims should always consult an experienced lawyer to establish that an employment relationship exists. These attorneys assess various elements, such as the employer's ability to select and dismiss their client. The lawyers also consider the employee's salary as proof of an employment relationship.
They Prove the Client's Scope of Employment
Another major element that people must establish before receiving compensation is their scope of employment. This is because workers' compensation laws only cover injuries sustained during work hours and within the scope of employment. Lawyers help clients establish their scope of employment by proving that they suffered injuries while performing various activities related to their employment. The attorneys also need to show that the injuries were sustained on the business premises. Plaintiffs need an experienced workers' compensation lawyer who can successfully link the injury to their scope of employment.
They Search for Concrete Medical Evidence
Many workers' compensation claims fail due to a lack of concrete medical evidence. This evidence is crucial in establishing that the employee sustained the injuries in their employment and determining the damages to be awarded. Thus, employees with such claims need an experienced workers' compensation lawyer who can collect evidence, perform discovery, and interview medical practitioners and expert witnesses to help prove their claim. Employees who sustain injuries in the workplace should always protect their interests by consulting experienced lawyers who understand the legal procedure and the nuances involved in establishing workers' compensation claims.
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