#Legal

Why hire a lawyer specializing in Workers’ compensation?

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The law is very strict with regard to regulations on workers’ rights. The firm is therefore not entitled to the hour on pain of being sanctioned by law. Despite the large number of lawyers in SOUTH DAKOTA, to deal with these cases and to benefit from the best advice, it would be better to have recourse to a specialized lawyer.

 

Focus on lawyers specializing in Workers’ comp!

In the workplace, they are in the best position to assist managers and can intervene on behalf of the company if necessary. Likewise, their services are essential for settling any dispute related to the worker contract. To avoid any penal sanction linked to the dismissal, they can be of great support to give the maximum of information to settle the problems amicably and to avoid any lawsuit. Besides, they perfectly master the Labor Code and the fields of application. Therefore, no mistake is possible from an experienced lawyer.  Alvine Weidenaar – workers comp law firm has a wide experience with Worker’s Compensation, it doesn’t matter the climes are large or small they have a legal team to help you to get everything you are entitled to get. When you hire Alvine Weidenaar, LLP , you will have a great and aggressive lawyer who can fight effectively for you.

 

What about its support for employees?

When hiring a worker’s compensation lawyer, he can check whether the content of employment contract is legal or not? In addition, within the framework of a dismissal, the specialized lawyer will be your ally not to undergo an unfair dismissal and to benefit from your rights (except in the event of gross negligence): indemnities, notice, etc. He will also be there to give you advice on your obligations towards your employer until the date of your departure. In the event of a contractual rupture or resignation, you will take advantage of his good advice to avoid making a false move!

When should you hire a Workers’ comp lawyer?

 

A lawyer is a legal professional who has registered with a bar and has taken an oath.

He advises and assists you in legal matters and can represent you in court. Its mission is not necessarily to assist a person already involved in a legal dispute. He can indeed advise individuals and companies on the steps to be taken in a particular area or ensure that he or she respects the law in force.

 

A lawyer specializing in Workers’ compensation will be able to assist you in all matters of social law but can also advise you in many areas of law such as company law. , business law, public law, social security law, compensation for victims, commercial law, personal injury or criminal law, in particular, if it has these matters within its scope of competence.

 

 

In SOUTH DAKOTA, most injured workers, that is, people who have a work-related disability after being injured, contracted or partially or totally disabled as a result of their works are entitled to workers’ compensation benefits. The law applicable to workers’ compensation is the Workplace Safety and Insurance Act, 1997, which is administered by the Workplace Safety and Insurance Board (WSIB). Injured workers can receive the following benefits:

 

  • If you experience a loss of wages due to a work-related disability, you may be eligible for theloss of earnings benefits.
  • You can also get reimbursed for the cost of your medications or other healthcare costs.
  • You can receive help to return to work for your employer.
  • If you cannot return to work due to your work-related incapacity, you may have the right to retrain so that you can do different types of work which will be adapted to your physical capacities.
  • If you suffer from a permanent disability related to your work, you may receive compensation for your impairment.
  • If you suffer a loss of salary due to this permanent incapacity, you may receive partial or total compensation for this loss. Benefits for the loss of earnings are normally paid during the entire period of disability or until the age of 65. In some cases, you may continue to receive certain benefits after the age of 65.
  • If you die as a result of your work-related disability, your surviving spouse (and, in some cases, your children) may receive benefits and services.

To receive benefits, you must complete a form called Notice of Injury or Illness (Worker) or consult a worker’s comp law firm.

If you have applied for workers’ compensation benefits and your claim has been denied or you have received benefits, but the payment has been stopped, Alvine Weidenaar – workers comp law firm can help you appeal this decision and prepare your case. In some cases, we will represent you at your hearing before the Workplace Safety and Insurance Appeal Tribunal.

 

We can also answer your questions about eligibility for benefits, and the assistance and amount of benefits available to injury workers.

Appeal procedure

If you have applied for workers’ compensation benefits and your claim has been denied or your benefits have been changed, you can still challenge this decision. To this end, you must first object in writing to the decision. In most cases concerning benefits, the notice of dispute must be given within six months of the date of the decision. When the decision concerns a return to work or the possibility of retraining, you must contest it within 30 days. The deadline for filing appeal is usually setting out in the decision.

 

When you send a written notice of dispute, you will receive a copy of your file and a dispute form. You will need to complete this form, detailing the reasons why you object to the decision. The file will be sent to the Appeals Directorate for examination by the appeals Commissioner. After speaking with your representative or yourself, the Commissioner will decide how to deal with your dispute and will finally make a decision.

If you are not satisfied with the decision of the Appeals Commissioner, you can appeal it to the Workplace Safety and Insurance Board of Appeal. To do this, you must file a notice of appeal within six months of the date of the appeal commissioner’s decision.

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