Filing A Workers' Compensation Claim As A Landscaper

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Your Case. Your Attorneys. Every day, people are injured in accidents and scenarios that are not their fault. In many of these situations, the injured party is due compensation for their injuries and the associated medical expenses, lost wages, and pain and suffering. To help them recover these damages, they hire a specific type of attorney known as a personal injury attorney. Personal injury law is unique and nuanced. Proving that you are not at fault for the incident and that you deserve compensation can be difficult, which is why you really need the help of these professionals. Learn more about personal injury attorneys and their jobs on this website.

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If you work as a landscaper, you are performing hard physical labor. By doing this, you may be more likely to experience a serious physical injury. You might pull a muscle, twist an ankle, or injure yourself with landscaping equipment. If this is the case, you will want to tell your boss and speak with a workers' compensation attorney.

Injuries Resulting from Landscaping Work

After being injured on the job while performing landscaping, you may have expensive medical bills. For example, a tree branch might fall on you and cause a head injury. Under a workers' compensation insurance policy, you would be entitled to compensation for current and future medical bills if your injuries are directly related to your work. For example, you may have medical bills for a long period of time due to a condition you develop as a result of being exposed to too many pesticides.

Your Ability to Work

Another common issue with a landscaping injury is that you may not be able to work for an extended period. While you will not receive full compensation for your lost wages as a landscaper, you will receive a portion of your wages based on the rules under your workers' compensation insurance program. Then, you will need to regularly visit your healthcare provider until they determine whether you have reached "Maximum Medical Improvement." If this is the case, the healthcare provider will determine if you are partially or fully disabled. This will determine to what extent you will be compensated based on a diminished capacity to work. 

Barriers to Receiving Compensation

Once you have been injured, you'll need to report your injury to the owner of the landscaping company. However, there are some employers who will refuse to report the injuries of their employees. You may also find that the workers' compensation insurance provider wants to downplay your injuries. 

Whenever you run into a barrier when trying to file for workers' compensation benefits, you'll want to speak with an attorney specialized in work injuries as soon as possible. Your attorney will help you document your injuries and take all necessary steps to avoid jeopardizing your case.

In most cases, you will not be able to sue your company if they offer you workers' compensation benefits. However, if you are an independent contractor, you may instead need to speak with a work injury attorney about how you can pursue legal action against the employer.

For more information, contact a workers' compensation lawyer.

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