Article: Workers Comp Law

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Article: Workers Comp Law - http://www.irmi.com/expert/Articles/2000/Pocius04.aspx

Every state determines its own workers compensation laws. Despite the differences, workers compensation acts have a number of common features among them -- a right to compensation for all injuries incident to employment; eliminating common law doctrines of negligence; securing a prompt settlement of claims through an administrative procedure; and immunity from suit for the employer.

The amount of compensation is generally determined by a state mandated schedule based on loss of earning power together with payment for a specific loss of use of limbs or a percentage of loss for the entire body. The laws also provide for payment of casually related, reasonable, and necessary medical expenses, including surgical and hospital services, medicine, physical therapy, psychological therapy, and prosthetic devices.

Because the legislation is considered social, most workers compensation laws contain provisions to favor the injured worker. Most states also require that an employer file a timely answer. In some states like Pennsylvania, if a timely answer is not filed, all well-pleaded facts on the claimant's complaint is admitted. If an answer is not filed timely, the employer cannot contest issues such as causality or whether an actual workers compensation injury occurred.

Each state has applicable statutes of limitation. A workers compensation claim must be filed within a specific period of time; otherwise, the claim is barred. States also require that notice be given to the employer. Most states require an employee to notify an employer when a work injury occurs.

Employers, their insurance companies, and their lawyers are all coached as to how to come out on top of workers comp cases. The average employee will most likely cowl to their requirements. But not the bulldog! Your employer is not on your side. The bulldog is and he will fight like crazy so that the workers comp laws are in your favor. Contact him now to get the facts about what you can do to benefit.

Fill out this form to see if you have a case:
First Name:
Last Name:
Phone:	-
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Address:
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Date of Injury:
What injuries did you suffer?
Please describe how your injury occurred:
In what state did this happen?
I was denied or they terminated my workers compensation
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Do you think this fraud is still occurring? Yes No Please describe any government fraud committed by your employer that you know of:
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