Being Forced To Go Back To Work After An Injury - How A Personal Injury Attorney In La Puente Can Help

The physicians of personal injury victims often strictly prohibit their patients from returning to work. However, several restrictions at places of employment often force patients to compromise. Be it working from a seated-only position or doing a task that is physically tiring for hours - post-injury respite is the legal right of every employee. Failure to turn up to work in a post-injury stage is not long-term health for the employee. Threatening termination of employment is unlawful pressure. Every worker has the right to file a complaint with either the civil court or in employment courts. Teaming up with an Accident Lawyer in La Puente in such situations is imperative.

What if the complaint is denied?

If initial workers' compensation complaints don't register, plaintiffs have the right to dispute the claim disavowal. Assess the rejection letter under the supervision of an experienced Accident Lawyer in La Puente. Each reason for denial needs to be addressed. There is a limited period for disputing the denial. The letter contains the information of the people dealing with the case. Cooperate with the authorities and contact the defendant. The insurance company of the employer has the right to send a hand-picked doctor to conduct an Independent Medical Exam (IME). These tests help them get an assessment of the injury.

What Happens in an Independent Medical Exam?

Essentially, the insurance company wants to prove that the severity of the injury is fake. They claim that the victims are malingering and not victims of medical health issues. They will also want to determine whether or not any doctor-recommended tests or treatments are necessary. The objective of an insurance company in such cases is to reduce costs. Push the victims to settle quickly for a cut-short amount and close your claim once and for all. The IME doctor will not treat the victim but rather look for excuses to terminate his/her worker's compensation claim. Professional Personal Injury Attorney in La Puente hence, has their clients medically assessed by top experts before agreeing to an IME.

Suing the Employer

Workers' compensation programs were created to protect the safety and interests of all employees. But when adequate and fair medical and wage assistance is not provided, the employee, along with a professional Personal Injury Attorney in La Puente, has to take on the onus of suing the employer. It is the only financially sound option. But, the plaintiff will also have to take on the burden of proving the employer's negligence. In truth, most powerful and influential employers are usually able to easily protect themselves from lawsuits by injured employees, thanks to their complicated employment contract agreements.

Establishing Negligence

The plaintiff has to prove that the employer did not take the necessary steps mentioned in the workers' compensation insurance policy. Was the injury (or aggression of the injury) a direct result of malicious negligence by the employer? If not, these cases usually get dismissed or settled out of court for a small compensation amount. A professional attorney should first assess the potential of the case before filing an official complaint. For more information visit Our Website

Carter & Davis, 12 Pike St, New York, NY 10002, (541) 754-3010
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