subject: Learning More About Work-related Injuries [print this page] Work related injuries are one of the leading categories of injuries. Until it happens to them, most people don't give much thought about getting medical treatment if they sustain a serious workplace injury.
Every employer in this State is required to carry workers compensation insurance to cover the cost of this treatment. Although the workers compensation carrier is obliged to pay 100% of the cost of this medical treatment, with no limitation as to the total amount payable, often times, the injured worker frequently also has to deal with a physician whose attitude toward them is negative from day one. Many of these doctors, either by training or personal philosophy, tend to have an anti-injured worker mentality. They assume that the worker is feigning or exaggerating their symptoms, or trying to find an excuse to stay out of work. If they can find any justification for determining that the worker's condition is not due to the work injury, they are quick to blame the condition on something else, such as a pre-existing condition. This mentality is a byproduct of pressure from the insurance carriers.
Consequently, an injured worker has the right to file an Employees Claim Petition with the Division of Workers' Compensation. It is absolutely imperative that you contact a workers comp attorney in Texas who can assist you with the process. Because this is a highly complex field and Workers Compensation laws can be confusing, you should select an attorney knowledgeable in this area.
There are different sets of laws that will apply under different circumstances:
1.Maritime Jones Act Cases: This Federal law provides for benefits to workers who are injured on sea going vessels on navigable waters and offshore oil rigs. Any offshore work condition is likely covered by the Jones Act.
2.F.E.L.A. Railroad injuries: The Federal Employer's Liability Act covers workers on trains and those involved in interstate commerce.
3.Third Party Cases: Third Party Cases refers to personal injury cases against the person or company at fault, who may not be your employer. For example, suing a company who makes a certain type of machinery that injured you, etc.
4.Job Lung Disease: These jobs are associated with health hazards, and the lungs are among the most vulnerable parts of the body to airborne threats.
Remember that you have the right to dispute a denial of treatment. You can obtain legal representation without having to incur any out of pocket expenses for that representation. A workers comp attorney in Texas is there to hear your dispute, work with you to evaluate the situation and steer you in the right direction to get you the maximum benefits. You have rights under workers compensation laws, and you can get a fair settlement, or maximize your current settlement. A workers comp attorney in Texas with experience and compassion can smooth the process.
by: John Carpenter
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