Workers' Compensation

Cases We Handle:

• Denial of medical treatment
• Denial of income benefits
• Catastrophic claims
• Death benefits for dependants of deceased employees
• Assistance with settling claims
   

If an employee is injured on the job, they will typically file a claim with the proper agency in the State where the injury occurred. Occasionally, injuries may have jurisdiction in multiple states depending on where the employee lived, where the company is located and where the contract of employment was completed. Federal employees are governed by Federal workers’ compensation. In many instances, claims do not require that legal action be initiated directly against the employer. Unlike personal injury lawsuits, injured employees are not required to prove negligence or an intentional act on the part of the employer.

Workers’ Compensation Claims Process

Many States have legal deadlines and filing requirements. Those may include:

• Providing sufficient notice to the employer of an incident and injury
• Providing notice to the employer’s insurance carrier
• Filing the proper forms to the governing body of that particular State
• Submitting to a medical evaluation

Types of Compensation

Workers’ compensation generally provides medical benefits, lost wages when your client is out of work and compensation if there is permanent impairment as a result of the injury. Depending on the circumstances, your client may be entitled to one or more of these benefits. In the event that the injury is caused by the negligence of a third party, you may have the additional option of pursuing a separate personal injury claim against the third party.

Medical benefits:

An injured employee is first and foremost responsible for medical care. The medical benefits available include:

• Emergency treatment
• Hospital bills
• Doctors bills
• Prescription costs
• Physical therapy bills
• Travel expenses
• Psychological treatment
• Mileage and transportation costs 

Income replacement:

If your client is placed on a no work status, your client is entitled to temporary income replacement. The amount varies by State. Your client may also be entitled to income replacement if they are limited in their work capabilities and the employer is unable to accommodate the restrictions. Additionally, your may be able to obtain income replacement if they are terminated by the employer while restricted in their work capabilities. 
 
Permanent disability payments are available if the physicians assign a permanent impairment rating.
Many states provide lifetime income replacement if your client’s injury is deemed severe. 
Vocational benefits are available in many States if the employee is no longer able to return to their previous occupation. 
If the injury results in the employee becoming deceased, many State provide death benefits to dependents, along with burial expenses.

How a Workers’ Compensation Attorney Can Help

Workers’ compensation claims can give rise to a number of issues. It is not uncommon for a claim to be denied because of a lack of information and unreliable or a lack of witnesses. On occasion, an employer may raise an affirmative defense such as positive post injury drug screens, independent contractor status, misconduct, horseplay, unexplained injuries or try to place the blame on a preexisting condition. In some cases, only a portion of the claim may be denied such as certain medical treatment, income benefits or rehabilitation benefits. In other instances, employees may simply require assistance in navigating the settlement process of an accepted claim. A workers’ compensation attorney may help in the following ways:
 
Provide an understanding of the claims process
Help with understanding potential pitfalls during the course of the claim
Litigating denied claims
Obtaining necessary documents and medical evidence
Assist with mediation or negotiating a settlement
 
If your client was injured on the job, they are likely entitled to medical treatment, and possibly income benefits. In the event your client’s claim is denied, our attorneys will fight to ensure that they have their day in Court, or reach a settlement. Our attorneys have a great deal of experience at the trial level, and all levels of appeal.