Workers’ compensation covers all of the work-related injuries that prevent the injured employee from carrying out his or her assigned tasks.
Facts of interest to the company that has agreed to cover such injuries
What was the nature of the disability that was sustained by the worker that suffered the reported injury?
—Was it a temporary disability, or a permanent one?
—Was it a partial disability to a total one?
What type of settlement has the injured party been granted?
—Was it a lump sum payment?
—Was it monthly payments?
Did the claimant follow the rules for filing?
—Most states require that any claim be filed within 2 years of the accident.
—At the time of the filing, the claimant should submit a substantial amount of evidence.
How does the insurance company define a temporary disability?
That would be one from which the disabled party has managed to recover within a span of 2 years. Usually, a temporary disability prevents the affected worker from taking on the task that he or she had been asked to accomplish, before the time of the accident.
How does a permanent disability differ from a temporary one?
A worker that has become permanently disabled lacks the ability to handle successfully any task in any line of work. He or she would fail to do a satisfactory job of carrying out any task that might be assigned to him or her in any workplace situation.
The disability could be one that put the worker or co-workers at-risk, if the disabled man or woman were allowed to join any manner of workforce. For instance, someone that is unsteady on the feet, and falls down easily, might well qualify for the label that gets assigned to someone with a permanent disability.
A personal injury lawyer in Gilroy might be able to help an injured employee gather evidence in support of a claim about a permanent disability. Such evidence could come from an accounting for the number of times that the disabled employee had fallen down, while attempting to carry out some small job, within his or her residence.
By the same token, an attorney should be able to help a disabled employee to identify the aspects of a typical job that might aggravate a disability. For instance, some conditions act up noticeably, after the affected worker has needed to climb the stairs.
Few employers could promise delivery of a setting in which there would never be any stair climbing. Hence, the company in charge of providing workers’ compensation would find it hard to rule against a claim that a certain worker had been disabled permanently. The presence of a lawyer would make it even harder for the company to rule thusly.