Employees need to know their rights regarding workplace injuries. Most injured employees have a lot to learn and should consult a Workers Comp Attorney in Vermont. Remember, the employer does not run the show in workers comp. Rather, they have an insurance company that assigns an adjuster to each case.
Insurance companies use certain tactics to save money. Indeed, they advise employers to label workers as independent contractors to avoid paying claims. The company may get away with it because independent contractors are not employees. However, A Workers Comp Attorney in Vermont takes these type of cases before a judge.
The law spells out how to determine whether someone is an employee. A worker may be an employee if the company dictates when they work. Further, independent contractors are allowed to refuse work while employees are not. Judges listen to the evidence and may rule in the injured party’s favor.
Injured workers are entitled to benefits including medical treatment and wage compensation. Workers are paid based on their average weekly wage in the time leading up to the injury. Also, the insurer must cover examinations, imaging tests, procedures, and prescriptions. Further, workers are paid mileage for medical-related trips.
Insurers demand that workers get treatment by physicians who are paid by them. However, attorneys believe there is a conflict of interest. Indeed, these physicians have a goal of getting people back to work quickly. Fortunately, most states allow workers to choose a doctor. Also, other states allow workers to ask for a new doctor. However, the insurance company must approve the change.
Settling The Claim
The insurer does not always negotiate claims in good faith. That’s why it is important to have legal representation. Attorneys know the law and fight for fair settlements. Workers want settlements that include a lump sum and future medical benefits. The insurer may agree to cover medical expenses for a limited time in exchange for paying less money.
The important thing is that workers are paid fairly for permanent injuries. In fact, most states dictate how much is paid for different types of permanent impairments. This amount will be included in the settlement. For more information, contact McVeigh Skiff LLP.