In Idaho, workers’ compensation benefits pay the total expense of work-related injuries. Workers that qualify for monetary benefits require a more substantial recovery period. The monetary benefits equate to up to eighty percent of the worker’s wages. A workmen compensation lawyer in Twin Falls, ID explains the fine details about filing a legal claim.
The Initial Claim
The initial claim is reviewed when a worker is denied workers’ compensation benefits. First, the worker must have a qualifying injury that occurred within their workplace or while they were performing their work duties. The attorney determines if the employer and the insurer followed all applicable laws.
How Was the Worker Injured?
Next, the attorney reviews how the worker was injured in the first place. Common reasons for a work-related injury are OSHA violations, faulty equipment, and inferior safety gear. Once it is established how the worker was injured, the attorney collects footage of the accident whenever possible. The footage is used to support the worker’s claim against their employer and their insurer.
The Reason for the Denial
Most workers’ compensation insurance policies include terms that can disqualify workers. For example, all workers who are injured on the job are required according to the terms of the policy to submit to a drug and/or alcohol screening. If they fail the screening, the worker is disqualified automatically. However, if the worker has a prescription for certain medications that are included in the screening, it is possible for them to fail the test. Under the circumstances, they aren’t disqualified, because they are following the orders of a doctor.
Filing a Claim in Court
If the worker is denied for benefits, the attorney reviews the terms of the policy first. The terms of the policy dictate what denials are allowed legally. If the employer or insurer violated the law, the worker has a viable claim.
In Idaho, workers’ compensation benefits are presented to workers who have sustained qualifying injuries. The accident in which the worker was injured must be either within the workplace or must happen while they are performing their job duties. Workers who need to start a claim with a workmen compensation lawyer in Twin Falls, ID are encouraged to visit Domain right now.