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Worker’s compensation laws are designed to provide no-fault compensation to workers who are injured while on the job. This means that there should be no need to file a personal injury lawsuit to prove negligence or recklessness on the part of the employer. If a worker simply shows that they have injuries sustained during the course of their duties, they should receive compensation.
One of the key problems workers face when seeking worker’s compensation is that worker’s compensation is a form of insurance. When a claim is filed, the company underwriting the policy takes a financial loss, and the employer may see an increase in their premiums. This gives both parties’ incentives to deny a worker’s compensation claim.
After an injury, it’s important to carefully document the injuries, the circumstances in which the injuries happened, any medical treatment needed, and any recommendations by doctors to refrain from certain activities. Speaking with a trusted primary care physician can also be useful to ensure that a doctor hired by the employer or insurance company isn’t under pressure to understate the extent of the injuries.
If a claim is denied or underpaid, several options are available. First, negotiations based on the documentation collected could result in a higher award. If not, it may become necessary to object to the findings of the Worker’s Compensation Division and proceed to a full fair hearing on the matter.
Humphrey & Associates, P.C. is an experienced Cheyenne WY worker’s compensation attorney serving Laramie, Casper, Greeley, Fort Collins, and the surrounding areas. For assistance with a worker’s compensation claim, contact us today to schedule a consultation.