GETTING YOUR BENEFITS PAID
If you have been injured at work, or suffer from an occupational disease, your entitlement to worker's compensation benefits is clear. Notice should be given to your employer as soon as possible following your injury. You have the right to obtain a copy of the Employer's Report of Injury that is required to be filed in your state. Once you make a claim for benefits, the employer or it's insurance company has a duty to promptly investigate your claim and make a decision within twenty-one days regarding your entitlement to benefits. You should make sure that your employer reports this information to the insurance company immediately after your injury. If benefits are not paid within thirty days, certain penalties may apply depending upon the circumstances of the delay. You have every right to know the status of your claim, and you should stay in constant contact with your employer and it's insurance company to make sure your claim is being properly handled.
HIRING AN ATTORNEY
The decision to hire an attorney in a worker's compensation claim is a very important one. An attorney experienced in worker's compensation law can provide valuable assistance to an injured worker by advising them of their specific rights and responsibilities under the law. An attorney that specializes in worker's compensation will be able to effectively communicate with the employer or insurance company to make sure all of your benefits are paid. The law provides that attorney fees be charged to an injured worker when the attorney's services result in the payment of worker's compensation benefits to an injured worker, unless it can be shown that the employer unreasonably contested the payment of benefits. In such an instance, some or all of the attorney fees may be payable by the employer. The attorney fee charged to you is subject to maximum fees set forth in the worker's compensation law, typically 20%. The attorney will most likely forward expenses associated with handling the case, which are reimbursable from the employer if the attorney is successful. all attorney fees are subject to approval by a worker's compensation Judge. An experienced worker's compensation attorney should be able to provide you with advice and may not charge you a fee unless worker's compensation benefits are obtained on your behalf.
Lost Wage Benefits
If you have been injured at work or suffer from an occupational disease, and are off work for more than seven days, your employer or it's insurance company is responsible for paying you for your lost wages. Your lost wage benefits are determined by averaging the total number of weeks that you've worked. Your employer is required to supply this information to their insurance company or make the necessary calculation. The benefits rate to which you are entitled is 70% of your gross wages, subject to a maximum benefit rate that is tied to the state average weekly wage. Your weekly wage loss benefits are payable for as long as you remain unable to work. There is no limitation on how many weeks of benefits you could receive if you became permanently disabled. Wage loss benefits are not subject to any local, state or federal taxes. Your weekly benefits are also exempt from attachment or garnishment, but not for court ordered child support payments. You should always contact an experienced worker's compensation attorney for a detailed explanation of all of your right under the law.
GENERAL OVERVIEW If you have been injured at work, or suffer from an occupational disease, you are entitled to benefits. There are three basic types of benefits: Lost wages, medical treatment, and an award for permanent Disability if appropriate. These benefits are available to any employee regardless of who was at fault for causing the injury or making a pre-existing condition worse. The lost wage benefits are based upon your average weekly earnings for a period prior to the injury. These benefits are payable weekly and represent approximately 70% of your before tax wages subject to a maximum benefit. You are also entitled to reasonable and necessary medical treatment. Medical care must be provided. The company does have the right to send you for treatment to their doctor . You should always contact an experienced worker's compensation attorney for a detailed explanation of all of your right under the law.
YOUR RIGHT TO A HEARING
Most worker's compensation claims are paid voluntarily by an employer, or their insurance company. However, disputes often arise regarding a person's right to receive the benefits or to continue to receive benefits once a claim has been paid. Your employer or their insurance company can stop your benefits for a variety of reasons. They may also deny you certain benefits such as further or special medical care. You have the right to request a hearing and be represented by an attorney. The hearing process is started by filing a claim petition with the Division of Worker's Compensation. These hearings are conducted at various county offices on a daily basis. A formal hearing is required when worker's compensation benefits have not been properly paid, or are improperly discontinued. Attorneys that specialize in worker's compensation provide valuable assistance to injured workers by presenting your case to a Worker's Compensation Judge. Your employer, or their insurance company will be represented by their attorneys. The worker's compensation hearing is conducted by presenting the testimony of an injured worker, witnesses, and presenting medical evidence. It is not unusual for there to be long delays in obtaining a final decision. Only a worker's compensation Judge can order the payment of compensation benefits to an injured worker that has the force of law. You should always contact an experienced worker's compensation attorney for a detailed explanation of all of your right under the law.
MEDICAL CARE If you have been injured at work or suffer from an occupational disease, you are entitled to a reasonable and necessary medical treatment. An employer has the right to require you to receive treatment from qualified medical providers of their choice. The insurance company must pay your medical expenses . The physician must send copies of all medical records and occasionally write medical reports to support their treatment. Finally, your employer will have the right to have you examined by a physician of their choice form time to time during your disability. Many persons experience an interruption in their wage loss benefits or right to receive medical care or suffer other consequences from such an examination. You have the right to challenge the opinion of any physician who might examine you, at a worker's compensation hearing. You should always contact an experienced worker's compensation attorney for a detailed explanation of all of your rights under the law.
INJURIES AT WORK If you sustain an injury while on the job, you are entitled to Worker's Compensation benefits. If your employer does not have Worker's Compensation insurance and you are injured while on the job, you may still have a case. Always report the accident to your employer as soon as possible. If injured at work, please keep in mind the following:
1. Make sure your employer knows about the injury. For example, if you hurt your back, then tell your employer. Whatever the injury, report it to your employer.
2. Immediately seek medical help if the injury is serious enough to require it. If in doubt, seek medical help. Notify your company immediately of such treatment or the need for such treatment.
3. Consult an experienced worker's compensation attorney concerning your rights. The only way to fully protect yourself is to have your own attorney. Do not worry about making the boss mad. Under most circumstances, filing a worker's compensation claim is a claim against your employer's insurance company. The law prohibits your employer from firing or retaliating against you if you file a claim or hire an attorney.
4. Injuries at work may also include heart attacks and strokes and occupational illnesses.
5. Attorney services are necessary at the early stage of a serious claim. The right to benefits as well as the amount of benefits are frequently determined by how your claim is handled at it's earliest stages.
6. Initial consultations with lawyers are usually free. Attorneys’ fees are generally set by the Court at the end of the case based upon the amount recovered.
PROTECTING YOURSELF IN A WORK-RELATED ACCIDENT The Worker's Compensation Law is designed to afford maximum protection to any employee's accidental injuries and occupational illnesses suffered in the course of his or her employment. You need to make sure that you take all the necessary steps to protect yourself so that you will be able to collect the maximum allowed under the Worker's Compensation Law. Make sure that your employer is immediately notified of your injury. Do not ever attempt to hide an
injury. Seek medical help immediately. If you fail to report an injury, it may hamper later efforts to collect what you are entitled to. As soon as possible, seek the advice of an attorney who is experienced in handling Worker's Compensation claims. A serious job related injury or illness should be handled for you by an attorney.
CLAIMS AGAINST YOUR INSURANCE COMPANY OR EMPLOYER The Worker's Compensation Law is designed to protect you. However, in order to take advantage of the law, you must protect your rights. If you have a work related claim, then seek legal advice from an attorney quickly. Do not rely on the advice of the employer's insurance company or your employer's attorney. Make sure you have your own attorney who has your best interest in mind. You want someone who is going to go to bat for you and not someone who is paid by the insurance company of your employer. Important time limitations must be met and procedures followed in order to successfully receive Worker's Compensation. Benefits are highly variable and depend upon many legal, medical, and vocational factors. If you have a disabling injury or permanent disability to some degree, do not be afraid of enforcing your legal rights. Do not let anyone except your own attorney explain to you your legal rights. Protect yourself.
DETERMINING THE VALUE OF YOUR WORKER'S COMPENSATION CLAIM The value of a work related claim is governed by Statutes and court interpretation. For instance, the Statute will tell you the minimum you are allowed to recover in the event you lose a finger or some part thereof. However, do not let anyone tell you what your injury is worth except your own attorney, in conjunction with your own evaluating doctor. The medical testimony is all important. If the employer's insurance company doctor is doing the evaluation, then that doctor is going to be quite conservative in estimating the extent of your injury. Make sure you have your own evaluating doctor and an attorney. Do not be fooled by someone else's interpretation of the Worker's Compensation Law. Get your own attorney, who will assist you in obtaining your own medical evaluations once your medical condition has reached maximum medical improvement. Protect your rights.
WORK-RELATED WRONGFUL DEATH
One of the problems with the Worker's Compensation Law is that benefits are too limited in many instances. Certainly, the death of a worker is such a case. Under Worker's Compensation, the family may be entitled to substantial benefits. It is important for the family to have their own attorney to insure that maximum recovery is achieved. It is also highly important that other avenues are explored. Perhaps, another person was involved in the accident who is not covered by the Worker's Compensation laws. In such cases, there may be the potential of recovery from that person in excess of what the Compensation Act permits. To protect your family, make sure you seek an experienced attorney in work related wrongful death accidents or any accident case.
WRONGFUL DEATH Loss of a loved one is always a traumatic and especially sad event. The death of a child or a life taken by a drunk driver are examples. Just as the law allows money damages for people injured by the negligence of others, the law also permits the family and/or estate of the person killed by the negligence of others, to recover money damages for the loss of the deceased. Generally, the law allows only immediate family members to sue for the death of another such as a mother, father, husband, wife or child. Almost all suits for wrongful death must be filed within two years of the alleged negligence or wrongful act which caused the death. An injury case from which a person can recover damages for example, are medical malpractice, car accident or defective product cases. If the loss of a life is involved, of course, money damage can not replace the life of a loved one, but such damages are often the only way to make unsafe companies and individuals act in a safer and more responsible way. Remember, these legal tips are not to be used as a substitute for the specific advice of an attorney.
PHILIP L. FACCENDA, ESQ.