Compensation Claims - Personal Injury Lawyer Filing Help

The underlying basis for all workers compensation claims is the preemption of general negligence laws. In compensation claims, proof of negligence is not required. Ordinarily, claimants are entitled to statutory benefits upon showing an employee/employer relations and that a compensable injury occurred in the course and scope of employment.

Defenses to compensation claims are limited (i.e. horse play, drug use, etc.). Statutory benefits available in compensation claims are generally much lower than those available in general negligence claims because of the lower burden of proof for compensability. A personal injury lawyer is not required for a claimant to begin a workers compensation claim, yet usually does result in substantially larger awards for permanent disability.

Filing Compensation Claims

File an accident report in all cases. Most workers compensation acts require proof of notice to employers as a condition of receiving benefits. The period of time allowed for giving notice is short - 30 days or less is common. After giving written notice of the accident to an employer, the official forms required to advance claims are available through appropriate state and federal agencies.