After a workplace injury you may be asking why you should hire a workers’ compensation attorney if your employer has insurance? The answer is simple. The insurance companies are interested in one thing: settling for the least amount possible. You could be eligible for so much more, and one of the benefits of hiring a workers’ compensation lawyer is that he can help you get it.

Your next question may be w how soon you  should  hire a lawyer after  you’ve been hurt at work? The answer, again, is simple: As soon as possible!

The sooner you get a workers’ compensation lawyer, the better he or she can help protect your legal rights, help you receive proper medical care, make sure your accident is properly reported, and help maximize the workers’ compensation benefits you receive.

What are the Next Steps After hiring a Workers’ Compensation Lawyer?

In addition to contacting an attorney right after your work accident, you must notify your employer within 30 days of an injury, or as soon as you learn or believe your injury was caused by your job. If you don’t report your injury within 30 days, you could lose your right to receive workers’ compensation benefits. Missing this deadline could potentially cost you hundreds of thousands of dollars in medical care, disability payments and lost wages. And not immediately seeking medical help could cause your injury to worsen.

What Are the Benefits of Hiring a Workers’ Compensation Lawyer?

Workers’ compensation covers wage replacement, medical treatment, vocational rehabilitation and other benefits to workers (and/or their dependents) that experience work-related injury or occupational disease.

Many factors determine the amount of one’s workers’ compensation disability benefit, including the seriousness of one’s injury, how long one is disabled, and how much money one would earn if it weren’t for the workplace injury.  Monthly workers’ compensation benefits vary by state, but most states pay two-thirds of your pre-tax weekly wage.

The workers’ compensation system can be confusing, frustrating, and it could take months, even years, before your claim is finally settled. This is when the benefits of hiring a workers’ compensation lawyer reveal themselves. An experienced workers’ compensation lawyer can be responsible for dealing with your employer’s insurance company, help arrange medical evaluations, get you to the right doctors, and represent you at the Workers’ Compensation Appeals Board (WCAB).

Temporary and permanent disability benefits will not cover your lost wages 100 percent, so the sooner you are medically well enough to return to work the better it can be for you, your family, and your overall quality of life.

If you’ve been injured at work, get proper medical attention as soon as possible. And as soon as you’re able, get legal help to be sure your rights – medical and legal – are fully protected as well.

How to Choose the Best Workers Compensation Attorney

When looking for the best workers’ compensation attorney, treat the process like you would any other professional you count on: choose carefully. After all, you wouldn’t trust your health to just any doctor, or your teeth to just any dentist, right? Choosing the right attorney for your workers’ comp case is just as critical.

• Look for experience. If you’re hurt and out of work because of a work accident, there’s a lot at stake. Medical bills can pile up fast, and any income loss could make it really tough to pay the bills and buy everyday necessities. Look for an attorney who has years of experience working with cases similar to yours. This experience can be a huge benefit to your case, especially when it comes to dealing with insurance companies.
• Be impressed by success. Experience is one thing; success is another! You want both. Be sure to ask any potential workers’ compensation attorneys about their successful cases. Ask as many questions as possible about the details of the case, including the amount awarded, how long the case took, what the challenges were and how the attorney solved them.
• Make sure the price is right. The best workers’ compensation attorney doesn’t have to come at a high cost. Our workers’ compensation attorneys work on a contingency basis, so they don’t get paid until they win your case. Because there are no out-of-pocket fees, just about anyone who needs high-quality legal help can get it quickly and easily.
• Look for signs of dedication. If an attorney is active in workers’ compensation associations or groups, that’s a good sign. It shows that the attorney is dedicated to staying up to date on workers’ compensation issues, exchanging information with peers, and building good relationships that could come in handy in the future.
• Go with your gut. Chemistry is important. There are no one-size-fits-all guidelines for defining what feels right for you, but asking yourself the following questions can help guide a gut check: Do you feel comfortable with the attorney? Does he or she look you in the eye? Is the attorney’s office clean and well-organized? Are your questions answered in a way that makes you feel secure and informed? Do you feel hopeful after talking to the attorney?

Another note on choosing the best workers’ compensation attorney: Avoid anyone who claims they’re a specialist but, in fact, has little to no experience. When your life is on the line, you can’t afford to take risks.

The easiest way to find the best workers’ compensation attorney near you is to call us. We offer free legal consultation 24/7.

PS: One last piece of information you must always keep in mind: Making a false or fraudulent workers’ compensation claim is a felony in California subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
The information within the blog is not to be construed as legal advice.

Getting hurt on the job can be financially worrisome. Injured workers must deal with the stress of recovering from an injury or illness, and possibly coping with permanent disability. In addition, even with workers’ compensation insurance, it is unlikely that individuals are bringing home 100% of the salary they previously earned.

In terms of federal income tax, workers’ compensation awarded under a worker’s comp act or statute due to a work-related injury or sickness is fully exempt from tax. Payments to survivors under the same circumstances are also exempt.

Workers’ comp is in the same category of non-taxable income as:

• Payments from the public welfare fund
• Compensatory damages for physical injury or sickness
• Disability benefits under a no fault car insurance policy for loss of income or earnings capacity due to the extent of injuries
• Compensation for permanent loss or function of loss for part of the body, or for permanent disfigurement.

The lone exception to this is when an individual also receives disability benefits through the Social Security disability insurance or Supplemental Security Income. In some cases, the Social Security Administration may limit a person’s disability insurance or supplemental payments so that the combined amount of the worker’s comp benefits and disability payments remain below a specific number.

To figure out the taxable portion with this exception, individuals should be aware that it is the same amount by which the Social Security Administration reduces the disability payments. For example, if disability insurance is reduced by $100 due to the workers’ comp offset, then $100 of the workers’ comp payment is taxable.

Talk to an Experienced Workers’ Comp Attorney

An experienced workers’ comp attorney may be able to assist in structuring workers’ comp settlements in a manner that reduces taxable income. If you or a loved one has been injured on the job, call today for a free consultation with a workers’ comp lawyer to ensure all your medical needs are being met, and to ensure you pay as little taxes on your workers’ comp insurance as possible. 

Carpal tunnel, or carpal tunnel syndrome, is a repetitive stress injury that can leave you too hurt to work or do the simple things you do every day.

What Are the Symptoms of Carpal Tunnel Syndrome?

Symptoms of carpal tunnel include:

• Pain in your arm
• Tingling sensations in parts of your hand
• Loss of sensation in parts of your hand
• Weakness in your hand, especially when you attempt to do your work or carry out tasks like holding objects
• Thickening or swelling of your wrist

Who is at higher risk for carpal tunnel syndrome?

Certain professions may be at a higher risk for developing carpal tunnel syndrome, including:

• Assembly line workers
• Receptionists
• Journalists
• Writers
• Research assistants
• Paralegals
• Accountants
• Teachers
• Construction workers
• Carpenters

What Are the Risks or Causes of Carpal Tunnel Syndrome?

Some activities may contribute to developing carpal tunnels syndrome, including:

• Repeated motions that put a strain on your wrist
• Repetitive typing or mouse use
• Using power tools or devices that vibrate intensely

Carpal tunnel syndrome could be a result of:

• Having diabetes, elevated blood pressure, arthritis, or some autoimmune disease
• Having a condition that causes a buildup of fluid in your wrist
• And injury to your wrist

If you’re feeling pain in your wrist, arm, hand or have been diagnosed with carpal tunnel syndrome by a doctor,  workers’ comp may cover carpal tunnel related costs.

Does workers’ comp cover carpal tunnel?

Most people think that you have to have a life-altering injury to get workers’ compensation benefits. But the reality is a large percentage of workers’ compensation claims are for injuries that develop gradually because of an activity that’s part of a person’s everyday job. One example is carpal tunnel syndrome, a type of repetitive stress injury that affects a wide variety of workers, including assembly line workers and anyone who uses a computer  daily.

Workers’ compensation benefits are designed to cover the medical bills, income loss, and future medical expenses that a worker incurs  because of an on-the-job injury. The key to any workers’ comp claim is establishing that the injury actually happened on the job. With some injuries, such as slips, trips and falls, it’s pretty obvious. But with repetitive stress injuries like carpal tunnel syndrome, detailed information is required to prove that the injury stems from work.

That’s why it’s so important to talk to a workers’ comp lawyer. Without first-hand knowledge of workers’ comp laws, it’s too easy for injured workers to make the kind of mistakes that result in a denied claim. It never hurts to talk to a lawyer, even if you’re not sure that you have a case.

Why You Need a Lawyer if You Have Carpal Tunnel

Once you’re diagnosed with carpal tunnel due to a repetitive motion you perform at work, you only have 30 days to file a workers’ compensation claim, or you could lose your right to receive workers’ compensation benefits. Waiting to file your injury claim can cause your carpal tunnel injury to get worse. A workers’ comp attorney can answer questions like “does workers’ comp cover carpal tunnel,” help prevent you from getting fired because of your injury, help get your doctor bills paid, and help maximize the workers’ comp benefits you receive.

A lawyer can also help you connect with medical experts who can examine your symptoms, determine the extent of your injuries, and advise when and whether you are fit to return to work. This can be a critical part of your claim, since the vast majority of workers’ comp claims are denied due to insufficient evidence. By working with a lawyer, he or she can help ensure that you have all the proper documentation and expert support required to get the benefits you need.

 What Compensation is Available?

If you’ve experienced a repetitive motion work injury such as carpal tunnel, a workers’ compensation lawyer could help you get:

• All the workers’ compensation benefits you’re entitled to
• Monetary compensation to cover your doctor and medical bills
• Payments for up to 104 weeks of temporary disability
• Payments for up to 240 weeks of disability for severe injuries
• Total disability benefits

A workers’ compensation lawyer will be your ally throughout the entire workers’ compensation process.

NOTE: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees after a work injury.

When a workers’ compensation claim is eligible, the employer or insurance carrier must pay the injured employee for time away from work and medical expenses related to the work injury.

Workers’ compensation laws are complex, and the filing process can be confusing. For this reason, workers’ compensation claims are often denied.

How to File a Workers’ Compensation Claim

The most important thing you can do after getting injured at work is to tell your employer: supervisor, manager or HR Department right away. Typically you have 30 days after being injured to notify your employer or you run the risk of losing your right to file a workers’ compensation claim.

Ideally, you should do this prior to seeking medical treatment unless you have a medical emergency. You will need to be evaluated by a doctor approved by your employer’s insurance company if you want to file a workers’ compensation claim.

Your employer may refer you to a doctor who is part of its medical provider network. You will need to be evaluated by this doctor but workers’ compensation law allows you to be treated by your private doctor.

Workers’ compensation doctors have to answer to insurance companies and this could affect their level of care, this is important for you as an injured worker to consider.

Once you’ve been treated, you will need to provide the following to your employer:

• A DWC-1 claim form
• An Application for Adjudication of Claim
• A Declaration Pursuant to Labor Code 4906(g)
• A document cover sheet and document separator sheets

Your employer will provide this to the workers’ compensation insurance company to start the claims process.

While the time you have to file a claim is limited, the claims application process can be complicated. That’s why it’s important to make sure you gather all of your documentation and file everything correctly.

When to File a California Workers’ Compensation Claim

This is very important: If you are planning to file a workers’ compensation claim, you must file your DWC-1 form within 30 days of your injury. If this time has elapsed your claim may be denied for exceeding the “statute of limitations.”

If you miss the deadline, there are some circumstances in which you may be excused for missing he deadline. One of those reasons is that your employer did not properly advise you of your right to file a workers’ compensation claim.

Every case is different and for this reason it’s beneficial to consult with an experienced workers’ compensation lawyer.

What Workers’ Compensation Benefits Can I Receive?

As part of the workers’ compensation claim, you’re typically entitled to four types of workers’ compensation benefits:

• Compensation for lost wages
• Payment or reimbursement of medical expenses
• Disability benefits
• Rehabilitation

To learn more about your rights as an injured employee and discover what benefits you may be owed, call today for a free consultation with a workers’ compensation lawyer.

Disclaimer: This article provides a general overview of the workers’ compensation claim process.  It is not intended as specific legal advice for any particular case.

Any workplace can be dangerous, even if you are just going into a standard office environment every day. While injuries may differ depending on industry and atmosphere of the job, there are several common workplace injuries that occur across the board. Employers and employees should recognize the warning signs and dangers associated with each injury in an effort to prevent or eliminate future threats.

Workplace injuries can have a host of negative consequences – for both employers and employees. Companies may face decreased work morale, reduced worker productivity, increased insurance rates, and workers’ comp claims. The sick or injured employee may have a difficult recovery, extended time off work, reduced income, and even social embarrassment due to their injury.

Employers must do their best to ensure a safe and productive work environment, while employees should always be extra vigilant and careful in performing daily tasks.

Avoid risks by being aware of these common causes of work injuries and illnesses.

Most Common Workplace Injuries and How to Avoid Them

Slips, Trips, and Falls

These incidents account for one-third of all personal injuries in the workplace and are the number one cause of workers’ compensation claims. Anyone who has experienced a slip, trip, or fall due to their workplace environment may have suffered a variety of ailments including head and back injuries, broken arms or legs, cuts, sprains, muscle injuries, etc.

In order to prevent these common injuries, clean up spills, wipe off oily surfaces, and get rid of rugs, mats, or flooring that does not have the right amount of traction. Improve lighting, reduce clutter, organize cables and plugs, and keep the workplace neat and clean. These simple tasks can go a long way in saving the company money and reducing accidents. Proper footwear should also be required, and employees should be reminded to take their time and pay attention to where they are going.

Injuries Caused by Machinery

Machinery that is not properly maintained, managed, or operated may cause debilitating injuries. Common occurrences include body parts getting caught in or struck by exposed moving parts, flying objects from machines, and improper usage. This may lead to crushed arms, severed fingers, blindness, or worse. Mechanical hazards typically happen at the point of operation (where the work is being performed) or due to components such as pulleys, malfunctioning belts, loose chains, and other moving parts.

To reduce the risk of injuries caused by machinery, safeguard the operational procedures that go along with each piece of equipment. Ensure proper operator training as well as protective clothing.

Transportation and Vehicle-Related Accidents

Employees that work in transportation or around vehicles are at risk of being struck or run over, falling from the vehicle, being hit by objects from the vehicle, and even getting stuck or worse under an overturned vehicle. Industrial, manufacturing, and agricultural companies are especially prone to this category of injuries.

Companies should determine who is at risk, where and when accidents are most likely to occur, and then create prevention measures that focus on workplace design, vehicle/work orientation, and rapid response drills for emergency situations.

Fires and Explosions

Faulty gas lines, bad pipe fitting, and improperly stored materials lead to unexpected fires or explosions. Injuries may include burns, possible disfigurement, and damage to the respiratory system. OSHA recommends following its hazard communication standards as a way to help workers avoid fires and explosion injuries.

Employees should also wear protective equipment and keep material safety data sheets for chemicals handy. A clear evacuation plan, and practicing these drills regularly, can go a long way in reducing injuries.

Overexertion and repetitive stress injuries

These injuries can sneak up on employees over time, causing musculoskeletal disorders, which are actually the most costly workplace injuries. Pulling, lifting, pushing, holding, carrying, and throwing may cause overexertion. These kinds of injuries mean loss of productivity for employers, and back pain alone accounts for about $7.4 billion annually.

Prevent stress related injuries by allowing frequent short breaks, resting, and stretching. In cases where items over 50 pounds need to be moved throughout the day, manual or mechanical lifting equipment should be provided to ease the burden on employees.

Fatigue

If your tasks push you beyond a reasonable limit to stay on top of your workload, you may be subject to physical and/or mental exhaustion. This may lead to impaired judgment, slower reflexes when operating machinery, and delayed response in emergency situations. 

Toppling objects

Furniture that is not secured properly, or objects that are in dangerous locations put workers at risk. Bookcases can fall from too much weight, desks can topple during earthquakes, or bumping into an object may cause many other items to fall.

Hazardous materials

Lack of warning around hazardous materials can cause sickness for employees who are not wearing the proper protective gear. Companies must make protective clothing, eye wear, and gloves mandatory for all employees who will be around chemicals or other toxic substances. Slip-ups may lead to burns, explosions, blindness, and other traumatic injuries.

Workplace violence

All employees and managers must stay alert when it comes to potentially violent situations at work. Do not let arguments between coworkers go unresolved – especially when it comes to sexual harassment or assault accusations.

Top 4 Types of Construction Accidents

If you work in construction, you understand that getting hurt goes with the territory. According to OSHA, four types of work accidents were responsible for the majority of construction-related deaths in 2011:

• Falls
• Electrocutions
• Being struck by an object
• Getting caught in between machinery

Construction accidents don’t always result in fatalities, however. There are also a high number of construction accidents that cause common workplace injuries.

How Common are Construction Accidents?

In California alone, nearly 4,000 people were injured in a construction accident and missed work because of their injuries in 2011. Most construction accidents occurred in three areas:

• Construction of buildings
• Heavy and civil engineering construction
• Specialty trade contractors

Although injuries and construction work seem to go hand in hand, that doesn’t mean you’re powerless. Injured workers are protected by the law – but you have to exercise your rights in order to get the compensation you deserve.

Most construction companies have insurance to cover on-site injuries. Their insurance companies work with a network of medical practitioners that you may be instructed to see. The problem is insurance companies are interested in one thing: settling for the least amount of money as possible. Oftentimes that means you’ll get denied for the medical care you really need and offered far less financial compensation than you legally deserve.

Unlike insurance companies that want to settle for the least amount, a lawyer can help you get the most out of your injury claim. This is true even for 3rd party contract workers, who may be able to file a claim against the contractor, the contractee and the subcontractor.

What to do After a Construction Accident

We know that a work accident can happen at any time. That’s why we’re here to help you 24/7, 365 days a year. Don’t guess whether you should hire an attorney or not. Call us for a free consultation with an attorney near you!

One of the most important workers compensation laws is the deadline for notifying your employer of your injury. You must report your work injury to your employer within 30 days of your work accident, or becoming aware of your work injury.

Failure to notify your employer by the deadline may result in you losing the right to file a claim. Like all laws, the workers compensation laws must be followed.

Workers’ Compensation Laws Entitle You to Benefits

After you get hurt at work, a California workers’ compensation lawyer could help you obtain:

• All the workman’s compensation benefits you’re entitled to, up to $4,400 a month
• Monetary compensation to cover your doctor and medical bills
• Payments for up to 104 weeks of temporary disability
• Payments for up to 240 weeks of disability for severe injuries
• Total disability benefits

Reasons for workman’s compensation claims because of a work accident may include:

• Physical injuries
• Repetitive stress injuries such as carpal tunnel
• Diseases contracted as a result of exposure to a toxin at work
• Temporary and/or permanent disability
• Vocational rehabilitation

Take Action Now to Protect Your Job

Remember, if you don’t report your work injury to your employer in less than 30 days from your work accident, or becoming aware of your work injury, you could make your situation worse. You may lose your right to file a workers’ compensation claim and your injury could worsen if you don’t seek medical help. Plus, it could potentially cost you hundreds of thousands of dollars in medical bills, disability payments and lost wages.

You’ve already been hurt at work. Don’t let an employer make your life even harder by firing you because of your injuries. Protect your job and your family.

Put all the workers compensation laws to work for you. Call now to get a free consultation with a workers’ compensation attorney. The workers compensation laws are here to protect you.

Disclaimer: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Every year, millions of people get injured at work. By law employers are required to purchase workers comp insurance to cover their employee’s injuries. Under workers comp employees injured in the workplace may be eligible for benefits. In order to obtain these benefits they must report the injury to their employer and file a workers comp claim.

If you get hurt at work, the following are 12 workers comp claim facts everyone should know:

1. If you are injured at work, you could be eligible for workers’ compensation benefits. There are five types of workers comp claim benefits: medical care, temporary disability, permanent disability, supplement job displacement and death benefits.
2. You must file a workers comp claim within 30 days of a work injury, or you could lose your right to receive workers’ comp benefits.
3. A claims administrator is required to authorize up to $10,000 in medical treatment one day after you file a workers comp claim with your employer.
4. If you disagree with the diagnosis and treatment plan prescribed by the Medical Provider Network (MPN) doctor, you can get a 2nd and 3rd opinion from a different MPN doctor.
5. An impairment rating is a percentage estimate of how much normal use of your injured body parts you’ve lost. It is based on guidelines published by the American Medical Association.
6. Temporary disability pays up to two-thirds of your gross (pre-tax) wages, with a maximum amount of $1010.50 per week.
7. For an injury sustained after January 1, 2008, you could receive temporary disability benefits for a maximum of 104 weeks within a five-year period.
8. Permanent disability benefits vary, and are based on a disability rating, date of injury and your wages.
9. Permanent disability benefits are paid after temporary disability ends and after your doctor determines that the injury has had a permanent effect on your ability to work.
10. There are two types of permanent disability settlements: a compromise (a lump sum payment with no further payments for medical care) and a stipulation (payments made over time, including payment for future medical treatment).
11. It is illegal for an employer to discriminate against you because you have filed for workers’ compensation benefits.
12. An attorney can be a tremendous help in ensuring that you get the maximum benefits allowed for your type of work injury.

Free Workers Comp Claim Consultation

If you suffered an injury at work you have rights.

Don’t be afraid to take action, it is against the law for your employer to retaliate. Filing a workers comp claim is similar to filing an insurance claim and isn’t a lawsuit against your employer. Think of it more as a request for benefits.

Make sure you file your claim as soon as possible. The time you have to file a claim after your injury is limited and filing late could affect the benefits you are eligible for.

Our workers’ comp attorneys can help ensure that your claim is filed correctly and on time. Having a lawyer on your side greatly increases your chances of receiving maximum benefits from your workers comp claim. Call today for a free consultation.

If you were hurt at work, it’s easy to think that you can handle the claim on your own. But the workers’ compensation claims process is difficult to navigate and you will be up against a large company that has their own lawyers and own interests in mind. You need a lawyer who can fight for a fair workers’ compensation settlement to help cover your medical costs and lost wages.

We talk to injured workers every day. Many of them were left with no income and a family to support after they were injured on the job.  Our attorneys were able to help get them workers’ compensation settlements that allowed them to pay their bills, cover their medical expenses, and eventually get back on their feet.  Here are some of their stories:

Christina S. Christina worked as a forklift driver, loading and unloading trucks on construction sites, when she was injured.  She was cutting open bands of sheet metal when one of the sheets slid open and sliced her arm nearly down to the bone. She lost lots of blood and was given 15 stitches.

Christina was out of work for three months, and her employer asked her to pretend as if the accident never happened. When she tried to return to work her employer told her she no longer had a job.

Christina says without receiving her workers’ compensation settlement she would have “lost my car, I would’ve lost my apartment, I would’ve lost… basically everything. I would’ve lost everything.” She added that she wouldn’t have had a way of paying her medical bills, which would have affected her credit.

Her case settled within a month of her contacting us and she received a workers’ compensation settlement that was $5,000 more than she had expected.

Adrian C.  Adrian was adjusting a bale on a truck he was loading by pulling on string. When the string snapped, he fell 16 feet to the ground. He hurt his hip, knee and elbow and suffered bruised bones. When he reported his injury, his employer asked him not to file a workers’ compensation claim and said he would take care of it. Adrian lost two weeks’ worth of work and his medical bills were very expensive. He was billed $16,096.80 for just one emergency room visit.

Adrian realized that he needed help to get his bills covered and to make up for lost time at work. He called our attorneys and the next day an investigator was sent out to his home.

Adrian received help with every step of case and the monetary compensation he deserved. He was happy he didn’t have to pay anything upfront or deal with the complexities of his case: “I wouldn’t know where to begin; it’s just not something a regular, average person can handle.”

Get the Workers’ Compensation Settlement You Deserve

Your employer may not always have your best interest in mind, and it’s up to you to find someone who can fight for your rights as a worker. Keep in mind that you only have 30 days to notify your employer of an injury you received while working. It’s important to report your case, see a doctor and call an attorney as soon as you can.

Problems associated with a work injury don’t end after seeing a doctor or filing a claim, they’re long term. It’s important to make sure that you consult with a workers compensation lawyer to improve your chances of receiving the maximum workers’ compensation settlement. You want to be sure that the money you’re awarded will take care of you and your family for as long as you need it.

Save yourself time, money and frustration. The consultation is free and confidential and with our attorneys, either you get paid, or you don’t pay at all. 

It’s easy to panic if you receive a letter that your workman’s comp claim has been denied. Don’t – there’s a good chance you’ll still get benefits.

When your workman’s comp claim is denied, you usually have three options: submit it for reconsideration, request a hearing, or file an appeal.

Consider the first two options if you have additional evidence to provide support for your claim. Without this evidence, your claim will probably be denied a second time. Filing an appeal is the safest approach – and, oftentimes, the best approach. But you’ll need some help.

Five Steps to Increase Your Chance of Getting Workman’s Comp Benefits After Being Denied

1. Consult with a lawyer. An attorney can determine the exact reasons why your claim was denied, and will gather evidence, contact witnesses, and hire experts to strengthen your appeal.
2. Request your personnel file from your employer. Copy the contents and be sure to get a copy of the injury form you filled out. Give the copies to your lawyer
3. Gather evidence for your claim, including: detailed doctor’s reports, emergency room reports, test results, rehabilitation progress reports, witness statements, medical bills, expense receipts (for transportation, medications, etc.) and any additional documents that would support your claim. Your lawyer may work with medical experts to determine if any additional reporting is required to support your claim.
4. Prepare for a hearing. In some states, appeals are reviewed by a board; in other states, the appeal will be heard by a judge in a hearing. Your workman’s comp lawyer can help you prepare for the hearing. It is critical that you truthfully describe the details of your accident, including the loss of income and expenses you’ve incurred as a result of your injury.
5. Beware what you do in public. Insurance companies are known for videoing workman’s comp claimants. Participating in any public activities that you claim you are unable to could jeopardize your claim.

Your denial letter should clearly state a deadline to file for an appeal. Do not miss this deadline! As soon as you get it, take action. The faster you act, the faster you could get the benefits you need.

Call today and we’ll connect you with a workman’s comp lawyer who has experience with your type of case. We’re open 24/7 and ready to help.

Workers’ compensation and occupational insurance both provide a level of protection for employees in the event of workplace injuries. Whether you are a startup business, a midsized corporation, a full-time employee, or independent contractor, it is important that you understand the differences between the two in order to protect your when it comes to workplace accidents.

Workers’ Compensation

Workers’ compensation is a state-regulated requirement for companies that employ a minimum number of workers, or employees who work a certain number of hours per week as mandated by law. The minimum number employees differ by state, but in some instances it refers to one or more employees, while others allow for 5+ employees.

Workers’ compensation may cover wage loss benefits, medical treatment and related expenses, and rehabilitation for employees who suffer an injury at work, or who get sick due to factors within their workplace environment. The insurance also includes employer liability coverage, meaning that employers receive a level of protection if the worker decides to sue in relation to their workers’ comp claim. The legal defense costs are often covered up to the policy limits. Employers still have a responsibility to maintain a safe work environment for their workers.

Occupational Insurance

Occupational accident insurance is a policy that is designed to offer benefits to independent contractors and employees who are not covered under a workers’ comp program. This type of insurance may provide medical, disability, and accidental death and dismemberment benefits, but unlike workers’ compensation – it is not state-regulated. Policies may cover wage loss benefits, medical expenses, and rehabilitation costs for employees or covered independent contractors, but only up to policy limits. Employers are allowed to choose their coverage and deductible amounts based on their own perceived risk.

Workers’ comp involves a higher cost to companies, but it also offers them more comprehensive coverage, especially in terms of their own liability – a component that is not a part of occupational accident insurance.

In some states, employers who choose occupational accident insurance can opt of the required workers’ compensation program. While the employer still has a legal obligation to employees who suffer injuries or death on the job, it comes at a much lower cost compared to workers’ comp.

Employers get statutory benefits with workers’ comp but when signing up for occupational accident insurance, they must make the following choices:

1. The limit of liability to carry per accident
2. The deductible to assume per accident
3. The level of disability coverage to provide
4. The level of death benefits to provide

Companies will still be responsible for legal obligations to their employees that are not covered by occupational accident insurance. Choosing the wrong coverage option can expose a company to dramatic financial losses – a problem that those with workers’ compensation insurance are less susceptible to.

Disadvantages to Occupational Insurance

While occupational insurance allows companies to save money when compared to workers’ comp, and give employers control of the type and amount of coverage to provide employees, there are several disadvantages:

• The employer must bear the burden of proof in the event of a lawsuit
• Employees can win claims for pain, suffering, and punitive damages up to a certain limit
• If an employee’s expenses exceed coverage limits, employers will have to cover the excess costs

As an employer, consult with an experienced attorney to ensure you understand the risks associated with workers’ comp vs. occupational insurance.

As an employee, talk to a lawyer if you have been hurt on the job to understand the differences on how to proceed with a claim depending on the coverage your company offers.

Workers that get hurt on the job may not be sure about their next steps. Is filing a personal injury lawsuit required or does workers’ compensation cover all expenses?

If you find yourself in this situation and want to know what is the difference between personal injury and workers’ compensation, here are the facts.

The Major Difference is Fault

The most important difference between the two is that a personal injury claim is associated with the fault and negligence of another party, while workers’ comp is not.

For example, in order to recover damages from someone for a slip and fall, a dog bite, a vehicle accident, medical malpractice, or any other type of personal injury claim, you must show that the other person was negligent or at fault in some way.

If you fell on someone else’s property because you were looking at your phone and tripped or you caused a car accident because you were texting, these events do not qualify another person as negligent.

With some limited exceptions, an employee who is injured on the job or suffers illness due to working conditions is entitled to workers’ compensation benefits. It is irrelevant whether the fault was due to a coworker error, negligence, or even because of something done incorrectly on your own part. There is no need to prove why the accident happened or who is at fault to receive your workers’ comp benefits.

What’s the Difference Between Eligible Damages?

Personal injury and workers’ comp claims also differ in terms of damages you are eligible to receive. The latter does not entitle you to benefits for pain and suffering, but personal injury lawsuits allow you to sue in order to recover all of the damages you have suffered. Lost wages, lost earning capacity, medical expenses, future medical expenses, permanent disability, pain and suffering, loss of enjoyment of life, etc. is all permissible when you file a personal injury lawsuit.

Workers’ comp only allows you to receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation. Pain and suffering is not part of these benefits because the concept of workers’ comp is a tradeoff between labor and business owners. Before the plan was legalized, the only course of action injured workers had against their employers was to sue for negligence which put them at a disadvantage in getting the financial help they needed if their employer was not negligent or if they decided not to sue at all.

As a result, workers’ compensation allows injured workers to get the financial help they need while preventing them from suing their employers and co-workers for negligence. And the right to collect damages for pain and suffering is not possible.

There are two exceptions of employees that do not fall under the workers’ compensation laws – crewmembers of vessels, and interstate railroad workers. Crewmembers of boats cruise ships, or even small commercial fishing vessels are not entitled to workers’ comp benefits. Instead, a federal law named the Jones Act allows these individuals to sue an employer for damages, including pain and suffering. The same concept applies to interstate railroad workers under a federal law called the Federal Employers Liability Act.

According to the U.S. Department of Labor, there were approximately 2.9 million nonfatal workplace injuries and illnesses reported by private industry employers in 2015.

Sustaining an injury on the job can be a traumatic experience, but all states require companies to have workers’ compensation insurance to protect employees who suffer a workplace injury or illness, regardless of fault. The steps to take after a workplace accident may differ slightly by state or employer.

The following points are general guidelines on how to proceed if you are injured on the job:

1. Get the necessary medical treatment or first aid as soon as possible. The Workers’ Compensation Board must authorize the health care provider taking care of your injury, except in emergency situations.
2. Report the injury to your supervisor or the company nurse, making clear that your injury was caused by a work-related factor. This should be done as soon as your injuries have been treated. An injured employee who does not report the accident in writing within 30 days may lose the right to workers’ comp benefits.
3. Make sure your supervisor prepares a company accident report. If, for any reason, the supervisor will not prepare the report, you should write a letter stating the facts of your accident/illness and give a copy to the supervisor.
4. Next, get a copy of the accident report and keep it in a safe place.
5. File a worker’s comp claim. Typically, an employer must offer you a claim form immediately after learning about your injury. Until this claim form is completed, companies have no legal obligation to provide benefits. If for some reason your company cannot or will not provide this form, contact your state Workers’ Compensation Office. Fill out the “Employee” section, sign, and date it. Keep a copy of this form for your records. Ask your employer to fill out the “Employer” section and to provide you a copy of the completed form. If your employer refuses, it may be time to contact a workers’ comp lawyer.
6. While your claim is being evaluated, make sure to follow all medical directions. If you don’t, your employer may argue that you are not serious about getting better and getting back to work.
7. If you do not like the outcome of the claim or your employer disputes your benefit claim, you may seek a hearing with the Worker’s Compensation board.

You may be Entitled to Benefits

Workers’ compensation benefits cover employees for lost wages while recovering from work-related illnesses and injuries. The benefit amount is typically two-thirds of an employee’s weekly wage. Disability benefits are classified as 1) Temporary Total Disability, 2) Temporary Partial Disability, 3) Permanent Total Disability, 4) Permanent Partial Disability, and 5) Death Benefits.

Workers’ comp does not cover personal injuries or punitive damages, which an injured employee may be entitled to. In some instances, employees injured on the job can file a lawsuit in civil court to recover additional damages.

Call today for a free consultation with an attorney in our network today to understand your legal rights.

Companies across America are required to provide their employees with a safe and healthy work environment. Even if an employer has done everything to ensure a safe workplace, the possibility of accidents and injuries is always there. Examples of workplace injuries include broken bones, irritating pre-existing conditions, occupational illnesses, and even mental stress.

Steps to Take When Hurt on the Job

When you are hurt on the job and asking, “What are my rights?”, the first and most important thing you can do is report the injury to your employer. Most states require you do so within a few days of your illness or injury so make this a priority after getting medical treatment.

Next, protect your rights by filing a claim with the workers’ compensation court in your state. This will put your employer, the court, and your job’s insurance company on formal notice of your injury.

Know Your Rights

While workers’ comp laws differ from state to state, there are a number of rights that are standard across the country. These include:

• The right to file a claim for injury or illness caused by your job in workers’ compensation court
• The right to see a doctor for medical treatment
• The right to return to your job once a physician has released you and given you permission to go back to work
• The right to some kind of disability compensation if you are unable to go back to work due to the injury or illness – whether permanently or temporarily
• The right to appeal decisions you do not like from your employer, the insurance company, or the workers’ comp court
• The right to hire an attorney to represent you during the process.

There are also situations in which you have the right to refuse certain offers or requests:

• You have the right to say no if you are hurt on the job and your employer asks you to use your own health insurance to pay for your treatment
• You have the right to say no if your employer offers you incentives, such as increased pay, shorter hours, etc. in an attempt to persuade you not to file a workers’ comp claim. Doing so is illegal, and you may want to consult a lawyer right away
• It is also illegal for your employer and/or manager to make things difficult for you once you get back to work. If harassment or hostility occurs because you filed a workers compensation claim, your company is acting illegally and can face strict penalties for such behavior.

Work injuries are painful enough without the added stress of mental and emotional repercussions. If you are unsure about how to proceed or caught in the middle of a claims battle, call today for a free consultation with an attorney.

The short answer is: as soon as possible.

Reporting an injury to your employer is the first essential step to take after you are hurt. Waiting too long to report an injury could end up costing you more than you think.

While laws vary from state to state, ideally, you should provide your employer written notice of a workplace injury within 30 days.  After 30 days you may be compromising your right to receive the worker’s comp benefits, including lost wages, that you deserve.

Once you’ve notified your employer, he is required to complete an “Employer’s Report of Occupational Injury or Illness” form. Review the form, ensure it is accurate, and request a copy for your records.

If you require medical attention for your injury, seek it as soon as possible. Getting timely and adequate medical treatment is essential not only to your recovery but to maximize your workers’ compensation benefits and compensation.

To receive benefits and compensation, you must file the necessary forms to open your worker’s compensation claim. Submitting a claim with your employer is your responsibility.  If at any point you are denied a form or the opportunity to seek medical treatment, it is best to consult with an experienced worker’s comp attorney.

How Do I Know if I Qualify for Worker’s Comp?

Every claim is unique, and your basis of eligibility is dependent on the details of your specific situation. There are, however, a few basic guidelines the insurance companies look for when reviewing a claim:

• Whether you are an employee of the insured company
• Whether your injury or illness is a result of a work-related duty
• Whether your injury was reported to your employer within a reasonable amount of time
• Whether your claim was filed according to your State’s deadlines

If you are uncertain about your state’s deadlines, have been denied by the insurance carrier or your employer; contacting an attorney may be your best option to determine your next step.

What Benefits Could I be Eligible for?

Worker’s compensation is intended to protect you (the employee) when an accident or work-related illness occurs.  Familiarizing yourself with workers’ compensation benefits can help you determine if your employer’s insurance carrier is holding out:

• Medical Treatment– Medical care intended to help alleviate or recover your workplace injury
• Disability Benefits- Temporary or permanent depending on the severity of your injury
• Supplemental job displacement benefits –A voucher intended to fund the training of a new skill if you are unable to return to the same job duties you performed prior to your injury
• Death Benefits – Monetary compensation for your spouse or dependents in the event of death due to work-related injury or illness

The benefits listed above are not guaranteed in all situations Often insurance carriers deny claims unjustly, and many go without contesting or consulting with an attorney. Don’t let this be you.

Is My Employer Obligated to Have Worker’s Comp Coverage?

Most companies are legally required to maintain coverage if they staff one or more employees. Heavy penalties and fines often deter companies from being uninsured. There may be a few exceptions depending on the industry and the terms in which you were hired. For example, if you were hired as an independent contractor or consultant, you may not be considered an employee of the company and therefore are ineligible for coverage.

Nonetheless, each state has its own prerequisites regarding worker’s compensation coverage and should be verified with your state Department of Labor.

Are Work Injuries Avoidable?

Although there are safety programs and measures a company can take to create a safe environment for its employees, accidents can still happen.

If you feel that your workplace is unsafe, it is best to report any safety hazards immediately to your employer or to the state Occupational Safety and Health Administration (OSHA).

How Soon Should I Hire a Worker’s Comp Attorney?

Bottom line: the minute you feel like something is not right; it probably isn’t. But why wait until then?

Suffering from a work injury and worrying about lost wages while trying to pay  your bills can be mentally debilitating. Contacting a worker’s comp attorney as soon as possible can help ease your worry and ensure you receive all the benefits and lost wages you deserve.

Often when we think slip and fall accident, we think personal injury. But what if a slip and fall occurs at work?

If slip and fall refers to cases in which someone falls and suffers harm because of a dangerous condition on some else’s property, wouldn’t this include the workplace? It does, and it happens often.

According to the Bureau of Labor Statistics, 260,610 workers in the United States suffered injuries associated with slip and falls in 2008 and 847 of those were fatal. Slips trips and falls result somewhere between 15-25 percent of all nonfatal workplace injuries, the highest frequency of injury.

We often think of slips trips and falls as minor, but they are sometimes serious and can result in permanent, even disabling, injuries, including:

• Broken bones
• Back or spine injuries that may cause paralysis
• Muscle strains
• Sprains
• Death — someone dies in a fall on the job practically every day

Compensation for a Slip and Fall at Work

Most on-the-job injuries are handled by your state’s workers’ compensation insurance, preventing you from suing your employer. You also don’t have to prove employer fault through workers’ compensation. However, although you do not have the responsibility of proving fault, workers’ compensation laws limit the amount you can receive.

Some states do not require workers’ compensation for small companies. But if your injury was caused by your employer’s intentional or reckless action, or the actions of a third party, such as another company making a delivery to your employer, you may be able to file a lawsuit against that company.

You should always consult with a lawyer if you are the victim of a slip and fall accident. An experienced lawyer can advise you of your rights and responsibilities.

Who’s Looking Out for You?

When a slip and fall accident occurs in the workplace it is usually due to the employer’s negligence.

For your safety and that of your co-workers it is important to recognize slip and fall hazards. These are some things to look for:

• Cluttered floors
• Loose floorboards
• Defective sidewalks
• Parking lot potholes
• Poorly constructed staircases
• Torn carpeting
• Recently mopped or waxed floors
• Wires
• Leaks

Slips trips and falls are preventable by following a few simple steps:

• Clean all spills immediately
• Mark spills and wet areas with signs
• Regularly mop or sweep debris from floors
• Remove obstacles from walkways, always keeping them free of clutter
• Tack or tape mats, rugs and carpets that do not lay flat
• Always close file cabinet or storage drawers
• Cover cables that cross walkways
• Keep working areas and walkways well lit
• Replace used light bulbs and faulty switches

Although your employer may have workers’ compensation insurance and in-house medical staff, you want to be sure that you aren’t rushed back to work too soon or that you are saddled with medical bills.

To sort out your legal rights, it’s important to talk to an experienced workers’ compensation attorney in your state. You want to make sure that you are given the proper amount of time off to heal and receive a fair compensation for your injuries.

Your consultation with a lawyer is free, and you won’t have to spend any money out of pocket — either you get paid or you don’t pay at all!

Workers’ compensation and employer’s liability coverage are usually purchased together under a company’s overall business insurance policy. To understand the difference between workers’ comp and employer’s liability, let’s review what each plan covers.

Workers’ Compensation

Workers’ compensation provides coverage for employees that are injured while working, without regard to fault. It is a state-mandated program and a form of no-fault insurance. While the employee must show that they were hurt while performing the duties of his or her job, they do not have to prove that the employer was negligent. Workers’ comp will cover the costs of medical expenses such as treatments and medication, as well as partial wage loss. It does not cover any costs associated with pain and suffering.

Employer’s Liability

Employer’s liability provides coverage for an employer in situations where an employee feels that the workers’ comp provided was not adequate to cover the cost of medical bills or lost wages, and that the employer was negligent. In these lawsuit driven situations, the employee must still show that his or her injury took place while doing their job, but also that it would not have happened if it weren’t for negligence on the part of the employer.

Employer’s liability insurance covers all kinds of employer’s liability claims, unless the policy specifically excludes them. Four of the most common lawsuits involve the following:

1. Third party cases: In these cases, another party was held liable for the employee’s injury and in turn, they are filing a lawsuit against the employer. An example is if you own a construction business and an employee was hurt using a machine that was not serviced regularly. The employee sues the manufacturer of the machine, who then sues the employer for contributory negligence.
2. Loss of consortium: An injured employee’s spouse files this type of lawsuit. These damages typically fall into one of three categories – damages for loss of services, damages for loss of support, and damages for loss of quality in the marital relationship, which includes acts like providing affection or emotional support.
3. Dual-capacity suits: An employee can file this lawsuit when a product their employer makes is the cause of their injury. This means the company is liable both as an employer and a manufacturer.
4. Consequential bodily injury: If the employee’s family members suffered bodily injury themselves as a result of the workplace injury, they could sue the business. For example, if an employee was injured using a machine and their spouse suffered an aneurysm from stress, the employer may be sued for those damages, as well.

When these claims arise, employer’s liability insurance can cover a company’s legal defense fees, settlements, damages and judgments, and other court costs.

To prove a claim, an employee must show that the employer was negligent in some way. Proof of negligence requires:

• The employer had a duty to protect their workers from harm
• Actions or lack of actions breached that duty
• An injury occurred as a direct result of an employer’s breach of duty
• The employee suffered tangible harm as a result of the injury

Consult A Workers’ Compensation Lawyer

If you have been involved in a workplace accident, consult with a workers’ compensation attorney to stand by your side throughout the process. He or she can help you determine if the expenses of your claims warrant a lawsuit under the employer’s liability coverage.

Short Term Disability, or STD, and Workers’ Compensation, or WC, are similar benefits, as they both provide compensation for injuries. The main difference is that workers’ comp covers employees who get hurt at work, while short term disability is for injuries or illnesses that are not work related.

Questions that this article can answer about Short-Term Disability and Workers’ Compensation:

• What qualifies for Short-Term Disability?
• How does Short-Term Disability work?
• How much does Short-Term Disability pay?
• How long does Short-Term Disability last?
• How does Workers Comp work?
• How much does Workers Comp pay?
• What pays more – Workers’ Comp or Short Term Disability?
• Can you get Workers’ Comp and Short-Term Disability at the same time?
• When should I file for a workers comp exemption?

Short Term Disability Coverage

What Qualifies for Short-Term Disability?

Common examples of short term disability qualifying conditions are:

• Car accidents
• Sicknesses
• Diseases

How Does Short Term Disability Work?

Employer Paid Short-Term Disability

The employer usually purchases short-term disability insurance and employees contribute toward the payment. If an employee ever needs to use their disability benefits, they may have to make it known to the company’s Human Resources, or HR, department. The company has no say whether the employee is entitled to or denied disability benefits, the insurance carrier makes this decision.

How Much Does Short-Term Disability Pay and How Long Does It Last?

STD, or Short-Term Disability, payments are about two-thirds of an employee’s normal salary. They are usually payable for about six months.

How Does Workers Comp Work?

Workers’ comp insurance protects workers from loss of wages and medical expenses caused by a work-related injury. While each state has specifics requirements regarding workers’ compensation, employees have the right to benefits if they are injured while performing the functions of his or her job.

How Much Does Workers Comp Pay?

Most workers’ comp insurance policies pay employees approximately two-thirds of their regular paycheck, and not their full salary. Workers Compensation also pays reimbursement for all medical bills and rehabilitation caused by the on-the-job injury.

What Pays More: Workers’ Comp or Short-Term Disability?

Choosing which benefit to apply for can be confusing. Generally, if you are hurt or get sick due to a condition on your job, you should apply for workers’ compensation benefits. If your claim is denied, then you can try to file for Short-Term Disability benefits. The most difficult situation for any injured employee is when both insurance companies deny the claim, then they point the responsibility at the other. This results in zero coverage for the worker, and they may want to consult an attorney who can fight on their behalf.

Can You Get Workers’ Comp and Short-Term Disability at the Same Time?

A common question is whether an employee can be denied disability benefits if they are also seeking workers’ comp benefits. The answer is yes. Standard STD insurance policies state that workers’ comp must handle salary reimbursement where work absence is due to work-related injuries. If an employee is approved for workers’ comp benefits, they are ineligible for disability benefits.

Workers’ Comp Exception

The exception, however, is if the workers’ comp claim is denied, the application for STD benefits will be considered. It is also important to note that while workers’ compensation is required, disability insurance is not. It falls under the category of employee “benefits.”

In some situations, an employer may encourage workers to file for short term benefits for an injury sustained at work. Reasons for this may be that the employer is not 100% clear on the differences between the two types of benefits, or they are trying to save themselves money. In the case of the latter, the employer will not be subject to increased premiums if an employee seeks benefits through their STD. If you or someone you know have experienced a situation where a company is insistent that a job injury be filed under STD insurance claim, consult with a lawyer who can help navigate the situation.

Workers’ Compensation Lawyers

Workers’ compensation benefits are governed by a distinct set of rules and procedures, if you fail to follow these rules, you may lose your right to receive benefits under the law.

Consult a workers’ compensation attorney as soon as possible to fight for the benefits you are entitled to. Call 1-800-THE-LAW2 and one of our agents will connect you to an experienced attorney in 10 minutes or less. Consultation is free and confidential.