Workers’ Compensation Lawyer

 Workplace accidents can cause devastating injuries to anyone involved. The Workers’ Compensation program provides individuals with supplemental income and medical care for the injuries sustained on the job. However, workers must adhere to various deadlines and program requirements.

If you were injured in the workplace and are unable to return to your job duties, obtaining benefits could be complicated. Luckily, a Workers’ Compensation lawyer could assist with paperwork, offer advice about Independent Medical Exams and similar requirements, and help you challenge a claim denial or unfair payment award. With the help of a knowledgeable attorney, you could pursue a claim for benefits to help you pay for your injury-related expenses.

What Claims Does Workers’ Compensation Cover?

 The Workers’ Compensation program covers all work-related injuries. In fact, the program covers any injury or illness a person developed due to their employment.

For example, an employee who suffered injuries in an elevator accident in an employer’s office building has experienced a work-related injury. Similarly, an executive who suffers injuries in a car crash while driving their personal car to a meeting for work could claim workers’ compensation benefits. Even a typist who develops carpal tunnel syndrome could have sustained a work-related injury.

An ailment does not have to be related to job duties to be considered a workplace injury. For example, any injury that occurs while an employee is at work could be a valid injury for the purposes of making a workers’ compensation claim.

An experienced employee’s attorney could investigate the circumstances of a job-related injury and determine whether it qualifies for coverage under the Worker’s Compensation program.

How to Claim Workers’ Compensation Benefits

 When a worker suffers an employment-related injury, they must notify their supervisor and seek medical attention immediately. Doing so will ensure that an injury is documented properly.

Different states have varying Workers’ Compensation laws. In some states, an employee must select an approved physician listed in the program to treat them. The medical professional will report the physical examination results to the local Workers’ Compensation office within 48 hours. After the results are reported, an employee must complete a form C-3 asking the office to accept the claim. A worker’s employer will also submit a form. Based on these forms and reports, the Workers’ Compensation office will then approve a claim and begin paying benefits.

Workers’ Compensation program benefits also include free medical care from an authorized physician until the condition has reached a state of maximum improvement. If an injury prevents an employee from completing their job duties, workers’ compensation benefits will pay 2/3 of the worker’s weekly wage. However, if an employee can return to limited duty while recovering, the program will pay 2/3 of the difference between the worker’s weekly wage before the injury and their earnings during their recovery.

Third-Party Lawsuits

An injured worker is entitled to benefits regardless of whether another person’s negligent conduct caused the injury. Employers cannot sue their employer for injuries the Workers’ Compensation program covers. However, if another person or company’s negligence contributed to an accident, the employee could sue the third party for damages.

For example, a worker could file a third-party claim against the following individuals:

  • Property owner who is not the employer, if a condition on the property led to the injury
  • Manufacturer whose defective product caused the injury
  • Independent contractor if their actions contributed to the injury
  • Motorist, if an on-the-job vehicle accident caused the injury
  • Anyone other than the employer or coworker whose actions or failure to act had a role in causing the injury

When a worker files a lawsuit against a third party, they can seek damages for the portion of their wages that Workers’ Compensation did not pay for. Additionally, an injured person can recover payment for their pain, suffering, disability, disfigurement, and reduced quality of life.

An employee could also demand compensation from a third party for medical expenses. However, the Workers’ Compensation insurer is likely to seek repayment for those costs from an injured worker’s settlement.

An injured worker could speak to an experienced local attorney to see if they qualify for a third-party claim.

Get the Benefits You are Due with a Worker’s Compensation Lawyer

Although the Worker’s Compensation program offers invaluable benefits, navigating through the application process without professional help could be challenging. However, a legal professional could help an injured person obtain the benefits they are entitled to.

Call a Worker’s Compensation lawyer quickly after your injury. Our team of attorneys could ensure you do not miss any important deadlines and explain what you could expect while you recover.