A Worker’s Compensation Attorney in Biloxi MS can Help Fired Workers Get Benefits
Where worker’s compensation claims are concerned, most people assume that the plaintiff is still working for their employer. This is typically the case, but some injuries do not appear until after an employee has lost their job. In some circumstances, an injured employee can get worker’s comp benefits after being fired – but not without the help of a Worker’s Compensation Attorney in Biloxi MS
When can a Worker Recover Benefits after Being Fired?
It is often difficult for injured workers to get compensation after losing their job. To make the proper recovery after a firing, these elements must be proven:
1. The worker must have suffered a disability or injury
2. The injury must have occurred during the normal course of employment
3. The injury would not have happened if the worker was not on the job
Defenses to Worker’s Compensation Claims
Because injured workers need to prove that the injury occurred on the job but did not appear until after the firing, employers have many defenses available, including:
1. The injury is not eligible for benefits under the worker’s comp law
2. The injury did not happen during the normal course of employment
3. Too much time elapsed between the firing and the manifestation of the injury
4. The employee caused the injury through his or her own conduct
Which Benefits are Recoverable?
If a worker can successfully prove that they are eligible for worker’s compensation benefits after a firing, they can recover benefits such as:
1. Cost of disability and medical bills
2. Court costs and attorney’s fees
3. Expenses related to vocational rehab
4. Penalties to their former employer
5. Interest on amounts not paid
Does a Worker Need to Hire an Attorney to Recover Worker’s Compensation Benefits after a Firing?
If a worker is fired and later exhibits signs of a work related injury and they believe that they are eligible for worker’s comp benefits, they should consult a worker’s compensation attorney because of the complexity of the case. Only a lawyer can properly explain all of the legal issues involved and help their client recover all of the benefits for which they are eligible. Workers can click here to investigate how an attorney can help them get the benefits they deserve.