Accidents can happen anytime and anywhere. However, the law empowers the victims to claim any compensation for the pain and suffering they go through because of the injuries. That being said, the case is not the same for every injury. Depending upon the circumstances during which the injury was sustained, the claim may be compensated or denied. One such case is with the injuries that are sustained at work.
Despite the employers taking all the necessary precautions for their workers, the accidents at work are still pretty common. Particularly, the professions that put the employees at a higher risk for their lives are the common grounds for professional compensation claims. For example, people working at oil rigs, firefighters, and also construction workers are usually at higher risks of meeting an accident.
In short, the compensation depends on two primary factors, the cause of injury, and the insurance plan for the injured. According to Jeff Preszler of Preszler Law, the denial rate for claims submitted to the Canada Pension Plan (CPP) is around 60 percent. It means that meeting the right criteria for receiving the right compensation is pretty important.
In this article, you can find the choices that can improve your chances of receiving justified compensation.
Immediate Medical Support By The Employer
Most of the employers, whether their line of operation belongs to a high-risk category or not, will offer immediate first aid for the victims of an accident. Industrial norms and safety regulations bind the employers to ascertain first aid and basic healthcare facilities for their employees. So, you must make note of the medical support offered by your employer. In case, your employer pays for your medical expenses, then most likely you may receive a lower compensation, and medical expenses wouldn’t certainly be a part of it. Likewise, insurance companies also make note of these things.
Well, if your employer pays your medical bills, it is perhaps a good thing. However, if because of the injury you lose wages, then it could be included in your claim. So, you might not be able to claim medical expenses but you can still claim for the lost wages and other losses.
Evaluating The Losses Before Making Any Claim
Since we are discussing the losses, it is important to understand what kind of losses are accounted for in a work-related injury claim. Ideally, you can include all sorts of losses that you’ve incurred because of the injury. For instance, medical bills and loss of income are the foremost to mention. Besides these two, you can also ask for compensation against your suffering, which might not be an exact value. Likewise, if during the accident any of your personal belongings and property are damaged you can include them as well. A common instance is that of drivers who use their own vehicle to pick and drop the resources for a company. If the driver meets an accident making duty errands, they can also claim for the damage on their vehicle.
So, when you meet an accident while you’re at work, evaluating the losses that you can claim compensation against is indispensable. However, it is not an easy task to evaluate all of the losses. As mentioned, you can seek compensation for your mental suffering as well, but there’s no method to evaluate a precise amount for the claim. In such situations, having an attorney and a medical professional on your side to assist you with the claim procedures can prove to be highly rewarding.
Filing The Claim With The Right Authorities
It is quite evident that deciding the value for a claiming proposition is not an easy task, let alone be filing it. Injury claims are not easy to secure. Although the law entitles every victim to demand compensation, it also has some limitations in place, to ensure that insurers as well as the employers are not exploited, or unfairly treated. Therefore, filing the claim through a proper procedure is mandatory for receiving rightful compensation.
First of all, when you’re filing a claim, you need to notify the other party or the defender that you’re filing a claim against them. This is to ensure that both parties are consciously taking part in the claim process. In the notice, the claimant or the plaintiff needs to specify the reason for the case and also explain their demands. It is up to the defendant whether they accept to pay the compensation right away or they wish to negotiate it. In case, the parties do not come to a mutual agreement, the case may then proceed in the court of law. If any such situation arises, it is best to consult a personal injury lawyer, who can assist you through further procedures for court proceedings.
Learn About Your Rights And Limitations
While filing a claim and demanding compensation is your right, it is not the only right that you reserve. According to the personal injury experts, as a claimant, you reserve the first right to deny any compensation offered to you at the first hand. In other words, if you believe you’re being offered unfair compensation you can deny it and demand a better offer.
On the contrary, the law also imposes certain limitations on you, the claimant. First of all, it is time to file a claim. While the time to file the claim varies from region to region, most often it is around a year or so. It means you have until a year from the date of the accident to file your claim. Yet, it is always better to consult your attorney for a better understanding of the laws and limitations to be on the safer side.
Summing it up, if you’re fighting a claim against your insurance provider, most likely you may receive the compensation without much fuss. However, in some cases where the employer is too involved in the claim process, or the compensation value exceeds the insurance value, the court may need to intervene and bring the case to justice. And in any such case, a personal injury lawyer is the key person who can change the course of the ruling in your favor.