Workers Compensation: Hire a Specialized Lawyer

Whenever a person is injured at work, he is entitled to worker’s compensation benefits.  People are sometimes injured while doing their job, or while driving to and from a sales call or a delivery. When a person is injured at work, he can collect worker’s compensation benefits regardless of fault.  If the person is injured by his own fault at work, he can still collect worker’s compensation benefits.  While that is a good benefit, on the other hand, if the workplace or the employer is somehow at fault, the injured worker can only collect worker’s compensation benefits and cannot sue the employer for more damages.  If however, a third party is to blame for the injury, then an injured person can sue that third party.  For example, if a machine malfunctions at work and an employee is injured, than the manufacturer of the machine or the machine part which malfunctioned, can be held liable for the injury.  The complexities in an injury at work require the special knowledge and expertise of a worker’s compensation attorney.

Complications of Workers Compensation Claims

The worker’s compensation system is a complex system with its own rules and regulations.  It’s important to hire a worker’s compensation attorney who understands how to protect a worker’s rights.  It is a particularly sensitive situation whenever work and lawsuits are combined.  In addition to payments for medical bills and lost wages, a person injured at work will be given a determination as to whether the injury has caused a permanent disability, a partial disability, or a temporary disability.  This is an area which is often litigated most.  For example, a person with carpel tunnel syndrome in her wrists might be considered permanently disabled from a job which requires repetitive movements.

The Insurance Company's Defense Lawyers

The employer’s insurance company will have specialized attorneys working for him who will know the system well and will know what arguments to make to protect the employer from paying more than necessary.  A worker’s compensation attorney will protect the rights of the injured and will help find the appropriate evidence, doctor’s reports, etc. to build a stronger case for the injured worker.  If an employer did not carry workers compensation insurance, then the employer can be sued for not doing so and an injured worker can still be compensated. 

Determining Whether an Injury is Work Related

Determining whether a person is in the course or scope of business can be a complicated factor to prove.  If a person is actually at work, it is not complicated.  Many times though, people are in car accidents while driving for work and that raises many questions.  If a person takes a scenic route to a sales call, or makes a personal errand during work hours, the injured person may or may not be considered to be in the course and scope of work at the time of the accident.  An experienced attorney will know how best to argue those claims.  Worker’s compensation may not be enough to cover all of a person’s damages and the option to pursue a lawsuit against a third party may be an injured worker’s best option for a full recovery of damages.

Workers Compensation and Disability Issues

A worker must carefully weigh the advantages and disadvantages to making a claim of disability.  Sometimes an injury can be diagnosed as permanent or partially permanent. That determination will impact not only how much money a worker gets under worker’s compensation, but it will also impact what job opportunities will be available to that worker in the future.  Restrictions on workers can limit the kind of work a person will be able to do in the future and may have negative effects on any future employment with any employer.  A worker’s compensation attorney understands the bigger picture and the future effects a worker’s compensation claim can have on a person.

Deciding to Consult an Attorney

It is never too early to contact a worker’s compensation attorney.  Most worker’s compensation attorneys offer a free initial consultation. An employee may be denied benefits from the beginning. An employee is entitled to a hearing before a worker’s compensation judge to determine if benefits should be initiated.  An employer may start paying worker’s compensation benefits right after an injury but at some point, may request that the injured worker attend a medical examination with a doctor of the insurance company’s choosing.  If that doctor determines the worker is well enough to get back to work, then the benefits will be cut off.  A letter will be sent to the injured worker explaining that benefits will be denied from that point moving forward and will give important dates for deadlines if the worker wishes to argue for continuation of benefits. If an injured worker received a letter which cuts off benefits, he is entitled to a hearing before a worker’s compensation judge.  An attorney is an invaluable resource in preparing for, and presenting, a case before a worker’s compensation judge.

• If you need legal assistance with a Workers Compensation Claim, click here for a Free Consultation with an Accident Lawyer near you to discuss the details of your case. This website is for informational purposes only.

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