It is an unfortunate fact of life, but workplace accidents happen, people get hurt, and employers often fight tooth & nail to avoid paying benefit claims.
If you or a loved one was injured in an on-the-job accident, share what happened with our experienced workers' compensation attorneys to learn your full legal protections afforded by the law and what compensation you may be entitled.
- Ensure your needs are taken seriously, your concerns are not ignored
- Will pursue the maximum insurance benefits entitled you
- Guarantee you are treated with the dignity & respect you deserve
With the millions of people working in a huge variety of environments and doing tens of thousands of tasks, workplace injuries are unavoidable. What employees and the workers compensation law firms know, even in the best of circumstances, that some jobs are dangerous and the workers who take on these risks deserve our respect, as they put their health, safety and lives on the line to get the job done each and every day.
Despite an empoyers best efforts, accidents can happen, and people getting hurt is to be expected. Adding insult to injury are situations in which an accident ccould have been avoided, or when employer negligence is proven to be the ultimate cause. When you get hurt on-the-job, its not only medical bills you may face, but lost wages and the inability to perform your duties (in severe accidents) possibly forever.
The only positive to all of this is the workers compensation laws protecting employees which are mandated by each state. Employers are obligated to pay whenever a person is injured in the workplace, and it functions as a safety net when tragedy strikes. When employers dispute your claims, blames your injuries on preexisting conditions, declares your claim a fraud, or denies the accident happened at work, your workers compensation lawyers can stand up on your behalf to make your case and contest their claims.Review My Case Now
Every employee is entitled to workers comp when injured on the job, and in some cases spouses or dependents are also eligible to receive benefits.
To qualify for these benefits, certain requirements must be met by the applicant, and though each state has slightly different laws, most are very similar.
In the majority of cases it is only the injured employee who is entitled to file for benefits. This means that your spouse and dependents are typically prevented from filing a claim based on loss of consortium when you are injured on the job.
One exception to this is when an employee suffers death as the result of a work related accident.
In cases such as these, spouses and dependents are able to claim death benefits and burial expenses under workers comp – such benefits were included in the laws to assist your family in the absence of a major income provider. These benefits continue until you remarry, die or until dependents reach an age of majority or die themselves. If you lost a loved one in a job-related accident, you should speak with an experienced wrongful death attorney immediately, to learn your full compensation options under the law.Review My Case Now
There are a huge range of available benefits depending on the circumstances surrounding the injury, the industry or environment in which the accident occurred and the laws of the governing state. In general though, an injured employee is entitled to claim the following benefits:
- Payment for medical expenses related to the injury
- Partial or full payment for lost wages caused by the inability to work due to injury
- Benefits for death of a worker
If you are uncertain about the benefits you were offered, or you feel it was not enough considering the severity of your injuries, share the details of your case with our personal injury attorneys who will review your case and help ensure you are pursuing the maximum compensation options rightfully entitled to you.Review My Case Now
Almost every state's laws require the injured employee to notify their employer within a given number of days after the occurrence of the accident injury. Give your employer the chance to do the right thing before you file a lawsuit.
Additionally, some states require that the employee also notify the applicable State Agency. You can get more details regarding the laws in your state by contacting your State Workers Compensation Agency (List By State). Your work injury attorney will answer any questions you have to make sure you follow the guidelines and federal requirements successfully.
Depending on the laws in your state, the window for notifying your employer or Workers Comp Agency can range from as long as 90 days to an amount of time that is considered "as soon as practicable."
If you fail to give notice within the allotted window you may be prevented from being able to claim your benefits. As a result, it is always best to give notice as quickly as possible when you suffer an injury in the workplace.
Many employers and state agencies will have forms that are required to be filled out and submitted. In every case, it is best from a legal standpoint to submit your injury claim in writing as well as keeping a copy for your own records.
Once you have filed a claim and your employer is advised of the work related injury, they will notify their workers compensation insurer. At this point there are two possible outcomes:
- The claim is approved and the employer or their insurer will send you a notice of compensation payable. In this case you may or may not agree with the resulting compensation payout.
- The claim is denied. In this case you will have the right to file a further claim with your state workers compensation agency.
Occupational diseases are also eligible for workers compensation, and in such cases the statute of limitations begins to countdown from whenever you are certain you have a disease.
In such cases it is vital that you speak with an workers' compensation attorney immediately, as there is limited time to pursue your rights under the law.Review My Case Now
If either party is unhappy with the results of the claim, you can file an appeal through the state judicial system.
In the case of the employer, they may file an appeal if they feel you were given benefits to which you aren't entitled, or if those benefits were too high.
In your case, you might file an appeal if you were denied benefits, or if you feel that the benefits you received were too low. In some cases, these appeals can go all the way to the State Supreme Court.
Don't let yourself be pushed into accepting less than you deserve, share the details of your case today to get your free legal case review. Your employer is prohibited from harassing or pressuring you from pursuing your rights as an employee. Your workers comp law firm will ensure your needs are taken seriously, and can help protect you from employer retaliation for pursuing what is rightfully yours. Your lawyer will fight on your behalf for maximum and just compensation under the law, you don't have to put up with being bullied.Review My Case Now
If your employer is vehemently denying responsibility, or you feel the results of your workers compensation claim are unjust, it's time you speak with an attorney experienced in dealing with the beauracratic red tape of a workers comp case, and tenacious enough to fight on your behalf against those standing in your way. Don't settle for less than you are entitled, if your case qualifies, there are no up front cost, if your attorney doesn't win your case, you don't pay.
Our workplace accident attorneys handle the following, but not limited to, injuries: broken bones, torn ligaments, head injuries, traumatic brain injuries, construction accidents, repetitve motion damage, burns, back pain, spinal cord and joint injuries. The injury lawyers work on contingency, if your case qualifies you pay nothing out of pocket.
Simply share the details of your situation and find out if you have a case, you are under no obligation to receive your initial legal case review.
Fortunately, you do not need to know all the details of the appeals process or how to best dispute an employer fighting to deny you your just compensation benefits. Our workers compensation lawyer will ensure your voice is heard, and that your claim is taken seriously.
Contact us today to get your free case evaluation, get your answers and your legal options now.