Workers Compensation Lawyer - Lawsuit Legal

Qualifying for Workers' Compensation

Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment.

Our experienced workers' compensation attorney can help protect your rights and work to get you the compensation you deserve.

We regularly encounter injuries sustained in a single event accident as well as gradual injuries resulting from the long-term scope of work required.

Examples of a repetitive stress injury would include carpal tunnel syndrome, caused by repetitive motions, or chronic lower back pain developing from repetitive lifting of heavy objects.

In both cases, you may be covered under workers' compensation.

You are entitled to workers' comp regardless of who is at-fault for your injury.

Eligibility for benefits may be available to part-time, full-time, and seasonal employees.

Each state has different requirements for workers' compensation coverage by law, and it can impact whether you qualify and what benefits may be available.

Viable claims will need to meet the specified requirements to qualify for recovery of medical costs and a portion of your lost salary.

Lawyers from our firm regularly handle workers' compensation case resulting from car accidents and other work-related injuries and will fight to see you get the benefits you deserve.

What Qualifies You for Workers’ Compensation?

HARD TRUTH:  Workplace accidents happen, people get hurt, and occupational diseases can develop which can prevent you from working your job. Unfortunately, employers often fight taking responsibility after a worker has an on-the-job injury acting in the course and scope of job requirements.

The following important considerations factor into eligibility in a viable workplace injury claim.

• Employment Status:   You must be an employee of the company or entity. Independent contractors, volunteers, and sometimes part-time employees may not be eligible for workers' compensation benefits under certain jurisdictions.
• Employer Coverage:   Your employer must carry workers' comp insurance for it to be available, or be legally required to do so. Some small businesses with a small number of employees may not be required to have workers' compensation insurance, depending on state laws.
• Injury or Illness Related to Work:   The injury or illness must be work-related for a viable case. This means the harm suffered must have occurred during the course of employment or as a direct result of your job duties. Injuries sustained while commuting to and from work typically do not qualify.
• Timely Reporting and Filing:   There are strict deadlines for reporting the injury to your employer and filing a workers' compensation claim. The deadlines vary by state, but it is crucial to the process to report the injury as soon as possible to avoid denial of benefits.
• Medical Documentation:   You must provide medical documentation to prove your injury or illness claims for the insurance company. Your attorney can help you collect the required records. This typically involves an examination by a doctor who will provide a medical report outlining the full extent of your injuries and the expected time needed for recovery.
• Exclusions:   Depending on your employer's coverage, certain types of employees or injuries may be excluded from coverage benefits. For example, self-inflicted injuries or those sustained while an employee was committing a crime or violating company policy may not be covered.
• State Laws:   Workers' compensation is regulated by state law, and each state has its own set of rules and regulations regarding eligibility, benefits, and the claims process. It is important to consult the specific laws in your state or work with a workers' compensation attorney to understand your rights and obligations.
• Procedural Compliance:   Following the correct procedures is essential. This includes attending all required medical examinations, providing required paperwork, and cooperating with any investigations into the claim.
• No-Fault System:   Workers' compensation is generally a no-fault system, meaning employees are covered for injury without consideration of fault. However, eligibility for coverage may be impacted in circumstances where the employee was injured violating policy or engaging in reckless behavior.
• Appeals Process:   If your claim is denied, there is typically an appeals process for cases in which you can dispute the decision. A consultation with your attorneys will reveal your legal options. Navigating this process is vital to ensure your rights are protected and you receive the compensation you are entitled to.

After injury, your legal representation can provide guidance specific to your unique situation and make sure you navigate the complex process successfully.

 

 

The Role of Workers' Comp in a Personal Injury Claim

In the event you are injured as a result of the negligent actions of a third-party, in a work-related accident, you may be eligible for workers' compensation benefits in addition to any money recovered from a filed personal injury claim against the at-fault party.

For example, professional drivers involved in a car accident may be eligible to file a claim against the at-fault driver's insurer and seek benefits in a separate workers comp insurance claim. Commercial truck drivers who are executing their duties when a collision occurs, so long as they work for an employer with workers' comp insurance coverage would be eligible.

The workers comp claim is filed against your employer's insurance. You may be able to file a claim against the at-fault party's liability insurance in a secondary claim for additional compensation.

Workers comp doesn't pay for pain and suffering you endure as a result of job-related injuries or illnesses. It covers expenses for medical expenses and disability benefits. You may still have grounds for a personal injury suit against the third party responsible for your injuries. These damages may be available in that case.

Owner-operators not classified as employees while driving their truck would not be covered and would be limited to filing a personal injury claim after an accident.

Delivery drivers, amazon delivery trucks, and commercial vehicles involved in car accidents while operating under the scope of their duties are the most common circumstances where a personal injury claim alongside a workers' comp may be viable.

To get the best possible outcome your attorney will seek to minimize your insurance carrier's subrogation claim in such cases. When a third-party personal injury claim is filed under tort law while the distinct workers' compensation claim operates under a different legal framework. It's worth noting, in most cases workers' comp also provides protection from a personal injury claim for employers. There are exceptions, however workers' compensation is the exclusive remedy provided for under the framework.

How Much Do I Get from Workers’ Compensation?

The amount you receive from workers' compensation depends on the extent of your injuries, and your average weekly wage before the injury, and state laws. These key factors generally determine how much you may be entitled:

• Medical Benefits:   Workers' compensation provides for all necessary medical care directly related to your work injury or illness. This includes emergency treatment, ongoing care, prescription medication, and related medical expenses.
• Disability Benefits:   If your work-related injury or illness results in a disability, you may be entitled to disability benefits.
• Temporary Total Disability (TTD):   If you are unable to perform work duties for a limited period, you may receive TTD benefits, usually a percentage of your average weekly pay rate (often around two-thirds), up to a state-mandated maximum amount.
• Temporary Partial Disability (TPD):   If you are able to work but are unable to earn as much as you did before your injury, you may receive TPD benefits to make up a portion of the difference.
• Permanent Total Disability (PTD):   If you are permanently and totally unable to return to any kind of work, you may receive PTD benefits, at the TTD rate for the duration specified or potentially for life.
• Permanent Partial Disability (PPD):   If you have a permanent impairment partially limiting your ability to work, you may be entitled to PPD benefits. The calculation may involve a percentage of your TTD benefits, a schedule of injuries with benefit amounts for specific body parts, or a rating of your disability.
• Wage Replacement:   The wage replacement rate is a percentage of your average weekly wage, subject to minimum and maximum limits set by state law.
• Death Benefits:   If a work-related injury or illness results in death, workers' compensation provides death benefits to the employee's dependents, such as a spouse or children. These benefits typically include a portion of the deceased's wages and may cover funeral expenses.
• Vocational Rehabilitation:   If you are unable to return to your previous job, you may be entitled to job placement assistance, retraining, and other services to help you find new employment.

Remember that workers' compensation does not provide benefits for pain and suffering or punitive damages as personal injury lawsuits against the at-fault third party might. However, you may have legal options to sue the third party who caused your injuries in addition to your workers comp claim to seek additional damages.

Your workers' compensation attorney will be able to help you calculate the full extent of benefits you may be entitled and help maximize your compensation.