Gaylord & Nantais

Penalties That Arise for Not Having Workers' Compensation

gaylordandnantais@gmail.com — Wed, 29 May 2019 15:23:00 -0700

Most businesses across the United States are required to have some type of worker's compensation insurance. This is for your protection as well as that of your employees. Worker’s compensation insurance ensures that you will be able to cover the medical expenses if a work-related accident occurs.

Fines and Penalties

Almost every state imposes a penalty or fine if a business does not carry the proper amount of worker's compensation insurance. In California, you can be fined between $10,000 and $100,000 if you do not have the worker's compensation insurance. Some states, like Pennsylvania and New Jersey, have laws to incarcerate employer’s for up to 7 years if they do not have the required worker’s compensation insurance.

Your Employees Have the Right to Sue

If worker's compensation insurance is not in effect when a work-related accident occurs, your employees have the right to sue you for damages. This can include their medical expenses, lost wages from being off of work, and in some cases, for their pain and suffering.

Is Your Business Exempt?

If you own a business and don't have employees, you may not be required to have worker's compensation insurance. You may also be exempt if you haven't reached the minimum number of employees for your state.

At Gaylord and Nantais, our attorneys can help you find out whether or not your business is exempt from having worker's compensation or if you have enough to meet the needs of your employees. Don't get caught without it! Call and schedule an appointment today!

Workers' Compensation Case: What If You Lose At Arbitration?

gaylordandnantais@gmail.com — Wed, 15 May 2019 12:50:00 -0700

After a work-related injury occurs, there are several things that will take place aside from reporting the accident to your employer. You will need to see a doctor to verify that your injuries were a direct result of your accident. Once that has been verified and the report is turned into the insurance company, arbitration may be offered.

What Is Arbitration?

According to the definition provided by Law.com, an arbitration is “a mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by the American Arbitration Association (which has a specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these services. Usually contract-required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these "mini-trials" (proceedings) conducted by experienced attorneys will give the parties a clearer picture of the probable result and lead to acceptance of the arbitrator's decision.”

Can I Appeal?

Your ability to file an appeal will be determined by whether or not binding arbitration is used. During binding arbitration, the panel's decision is the last word. If your case is handled through regular arbitration, you have the right to appeal your case and take your case to court. Having an attorney by your side to represent you and defend your workers’ compensation claim will give you the credibility.

Gaylord & Nantais are workers’ compensation attorneys who specialize in both regular and binding arbitration. If you have received a work-related injury and want to hire the best worker's compensation attorney possible, call their office and schedule an appointment as soon as possible. Deadlines must be met if you expect to win your case.

FAQs on Settling Your Work Injury Claims

gaylordandnantais@gmail.com — Wed, 08 May 2019 15:26:00 -0700

If you have been injured in a work-related accident, you will need answers. It's important that you know and understand your rights before you take any type of settlement from the insurance company. Here are a few of the most common frequently asked questions:

How Long Do I Have to Notify My Employer?

In most cases, you aren't obligated to report the injury within a specific timeline. However, the sooner you report the incident, the sooner you will receive compensation if it is awarded to you. Delaying the process can delay your case, and in certain situations make it almost impossible to collect. Reporting the accident and the resulting injuries to your employer immediately after they happen is always in your best interest. If you are filing a claim against a government agency or someone who works for them, the rule of thumb is 30 days to one year from the date of the accident.

What Should I Do First After an Injury?

Always keep accurate notes. Write down as much as you remember about the accident and take photographs if possible. Next, seek medical attention! Make sure to get a full report from your doctor and provide it to both your attorney and your employer if they ask for it.

How Long Do I Have to File My Claim?

While the law can differ from state to state, most require that claims be filed within one year of the date the accident occurred. Don't delay! Waiting to file your claim can be costly and may actually reduce the amount of compensation you receive. Filing as soon after the accident as possible is the best way for you to get the compensation you deserve in a timely fashion.

Call the workers' compensation attorneys at Gaylord & Nantais if you have any questions about filing a claim or what your next steps should be. They have the answers you need and can help you get your life back on track.