Normally, when you fall on private property, you would consider whether the owner of the building is negligent and whether you should pursue a settlement or a lawsuit. However, if you're an employee on the clock, you may be covered under a workers' compensation insurance policy, and this can complicate your case. This is something you will need to discuss with a workers' compensation lawyer.

What Happens After You Are Injured

When you are injured while carrying out the responsibilities of your job, you will be able to file a workers' compensation insurance claim and you will then be compensated for your injuries. You will receive regular benefits until you are able to return to work.

However, you will only be entitled to compensation for certain damages you have suffered and will not receive compensation for pain and suffering, for example. To receive compensation for these damages, you would need to sue a third party.

How the Workers' Compensation Claim Process Works

For example, if you work for a catering company and you must deliver the food to a customer who owns an office and is holding an event for staff, there might be a hole in the floor big enough for you to trip over in the office. This leads to you dropping a heavy object you were carrying on your foot and breaking it in several places. 

In this situation, you may file a workers' compensation claim with your employer, and the employer would then notify the workers' compensation insurance provider. Oftentimes, the workers' compensation insurance provider will deny your claim with the hope that you will immediately give up and won't file any further claims. 

How a Workers' Compensation Attorney Can Help

At this point, you will need to speak with a workers' compensation attorney who will make sure that you have the evidence you need to successfully file a claim. The insurance provider will be more likely to take your claim seriously if you hire an attorney.

For instance, the insurance provider might not want to compensate you because you have a pre-existing condition, but this is not considered a legally justified reason to deny a claim. 

The Next Steps

Once your workers' compensation claim has been approved and you begin receiving benefits, you can also file a lawsuit against the owner of the property on which you were injured, or you can contact them to negotiate a settlement.

For more information, contact a law firm that specializes in workers' compensation, such as Neifert Byrne & Ozga.

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