Advice For Those Struggling To Understand Work Injury Claims

One noteworthy aspect of a work injury claim has been showcased in a television advertisement, one where someone gets injured during a company baseball game. The person that plans to file a work injury claim should have been injured while taking part in a work-related activity. In other words, injuries sustained at a company-related activity do not qualify.

Furthermore, the person that intends to file a work injury claim should have suffered the effects of damage to one or more body parts while working in a covered industry. Not all industries are covered. Each covered industry appears on one of two different schedules.

One schedule (Schedule 1) lists those industries that are not self-insured:

• Industries that deal with forest products
• Mining companies
• Manufacturing plants

Also on schedule #1 are those facilities that arrange for transportation of business or personal items, as well as those that store such items. Any construction company would go on schedule #1, along with any service agency supported by the government. Those businesses that are not self-insured normally provide their injured workers with the chance to file for workman’s compensation. Industries that are self-insured and get listed on what is known as Schedule #2:

• Railways
• Telephone Company, if it is working within the government
• Any telegraph company
• Any navigation company
• Any international bridges
• Any airline that files internationally

What is the purpose to creating the different schedules?

Normally, an injured employee cannot sue his or her employer. There are exceptions, which come to light upon examination of the rights given to workers employed in the listed industries.Any schedule 1 injured worker can sue either an employer or a worker that is part of a schedule 2 industry. Any schedule 2 worker that gets injured can sue either an employer or a worker in either of two different industries (schedule 1 or schedule 2).

What should an injured worker do, if planning to seek workman’s compensation?

The worker that is claiming an injury must get seen in a medical facility. The employer wants to hear the opinion of the doctor, regarding the nature of the injury. If the injured employee has a pre-existing medical condition, that fact should be mentioned to those medical professionals that have taken part in the examination. At that point, the worker with the injury needs to set up an appointment with the appropriate specialist. That would be a doctor that is familiar with the worker’s pre-existing condition. Meanwhile, the business’ Human Resources Department might seek to meet, perhaps at some time in the near future, with the worker that has sustained an injury.

Eventually, if the personal injury lawyer in Oakville for the business felt that the worker’s case was quite strong, then the company’s lawyer might not show up on the day of the trial. In that way, the sued company would avoid the expenses attached to being on the losing end of a lawsuit.

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