Worker’s Compensation
Worker’s Compensation Information Center
Definition
Someone who is injured on the job must be sent to a doctor by their employer (you must attend the employer’s doctor in order to receive any benefits). Once this takes place and they file a worker's compensation claim, they may be entitled to monetary benefits.
Have you been injured on the job and didn’t even realize it? If you suffer a work-related injury, you are entitled to financial compensation. And, if this is the case, you need to meet with an experienced Workers Compensation attorney.
Some people will tell you that you don’t need an attorney and can handle this by yourself; however, the process can be overwhelming without one to lead the way. Your employer’s insurance company will become involved as soon as they hear about your accident. Their main interest is to minimize your damage and protect their assets. When an insurance company knows that you have retained an attorney, they will negotiate a better deal for you.
A quality Workers Comp Lawyer deals with insurance companies every day. They will work hard to make sure that you get the benefits you are entitled to. The following are damages in a workers' compensation claim:
- Temporary total disability
- Under medical treatment and has not reached maximum medical improvement as yet, cannot return to work.
- Temporary partial disability
- Have not reached maximum medical improvement yet but can work part time.
- Permanent partial disability
- At maximum medical improvement but left with a permanent condition that does not render worker unable to work.
- Permanent total disability
- At maximum medical improvement but left with a residual condition that makes him unable to work permanently.
- Should be paid totally by employer’s insurance carrier
If you have been in a work accident, and are not receiving these benefits, contact a workers' compensation attorney.
Examples of Work-Related Injuries
- Back Pain
- This type of pain comes from a continuous trauma injury. Oftentimes this occurs from repetitive motion and lifting in your job. If you have been suffering from back pain and don’t know why, it could have come from your job.
- Hand, Arm, or Wrist Pain
- If you have numbness or tingling in your hand, arm or wrist, it could be caused by the work you do, such as daily typing (carpal tunnel syndrome), phone use, filing, or lifting.
- Neck/Shoulder Pain
- Jobs that require your head or neck to be in the same position for hours during the day, such as a driver, could cause injury to the neck.
Other Types of Injuries
- Broken or fractured bones
- Knee injuries
- Heart attack
- Hypertension
- Burns
- Headaches
Steps to Follow if Injured
- Seek emergency medical attention - if needed
- Report injury to supervisor immediately
- Your employer should notify its insurance company
- If a breathing problem or carpal tunnel syndrome occurs over time, you must report it as soon as you realize that it is caused by your work
Your employer will provide you with a claim form; you must describe your injury detailing how, when and where it occurred
- Keep copies of all correspondence pertaining to your workers’ compensation claim
Benefits
- All reasonable and necessary medical treatment
- Lost wages
- Specific injuries resulting in permanent disabilities such as loss of use
- If death occurs, burial expenses are partially covered
- Dependents of the deceased worker are entitled to certain benefits
- Temporarily unable to work, - you will most probably receive two-thirds of your average wage up to a fixed ceiling
- These payments are tax-free. If your salary was high prior to injury, you will fare reasonably well in most states.
- After you have been out of work for seven days, you will be eligible for these replacement benefits.
- If you become permanently unable to do any work, you may be eligible to receive long-term or lump-sum benefits.
- The amount of payment you receive varies by the nature and extent of your injuries.
In Conclusion
Job injuries require workers comp attorneys with job injury experience, who are able to answer your questions and to help you get the maximum amount of Workers Compensation benefits.
They will know how to deal with insurance companies and we know how to look after your rights.
Earl Carter & Associates
California Lawyers
800 500-LEGAL
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