U.S. employment laws allow workers to seek compensation for workplace injuries or occupational diseases. While some employers comply with these laws and pay workers’ compensation, others hesitate.
If you suffer from an occupational disease and your employer is uncooperative, you can file a lawsuit to secure your compensation settlement. This article provides a detailed guide to help you secure workers’ compensation with a claim or lawsuit.
A medical evaluation is the first and most important step in filing a lawsuit for occupational disease. This evaluation is important to validate the reality of your disease and establish a link between the illness and your work. Put simply, a medical evaluation validates the legitimacy of your claim.
The evaluation also helps to show the extent of your condition, which is important for determining the appropriate compensation and benefits. It is important to document your medical evaluation as it serves as the primary evidence for your claim. Get a professional healthcare provider from a reputable health facility to conduct this evaluation to strengthen your case.
Another crucial step is to notify your employer about your condition. You don’t need the element of surprise when filing a lawsuit for occupational disease compensation. You must inform your employer about your health condition and its possible relation to your work environment. This will help them investigate your disease and initiate the necessary processes.
A timely notification allows your employer to contact their claim service provider to secure your benefits and compensation, saving the stress of a lawsuit. It also helps to implement preventive measures to build a healthy work environment and protect others.
Employers are also legally obligated to investigate and report workplace injuries and illness, and they can only do this when they are aware. Notifying your employer about an occupational disease ensures a fair process and strengthens your case where your employer is uncooperative.
After the steps above, you can file your claim with a compensation body, such as the Office of Worker’s Compensation Programs (OWCP). Research the required documents and processes to file a claim and follow through.
Your medical and employment records are some common documents most compensation bodies request. Prepare these records and file your claim on time, following the procedure outlined by the body. Timeliness is important to maintain the validity of your claim. After filing, regularly check your claim status and respond to requests for additional information from the compensation body to ensure a smooth lawsuit.
Filing a claim properly and on time does not always guarantee you’ll prevail. That is why you need a legal advocate when filing a claim. They’ll guide you to file your lawsuit correctly and appeal a denied claim. With a legal advocate, you may not even need a full trial to get your compensation.
Find a specialized and experienced lawyer for the best results. For example, if you’re dealing with mesothelioma due to asbestos exposure at work, get a mesothelioma attorney to guide you in securing a satisfactory claim.
Filing a claim is an effective way to secure compensation for an occupational disease, especially from uncooperative employers. However, you must file it right to ensure success. Some key steps include getting a medical evaluation, notifying your employer, and filing your claim with guidance from a legal counsel.
