We often hear that a workers compensation lawyer can help when it comes to restitution for on the job injuries, but how do you know if you have a valid case? Well, let's start by exploring just what worker's compensation is and what it entails.
First, most American employees who experience an injury on the job are entitled to medical care for those injuries. However, some of the injuries result in the inability of that person being able to complete their normal duties. Sometimes the damage is temporary, but unfortunately some injuries cause permanent disability. In either case, employers are normally required by law to carry insurance to deal with these types of challenges, which happen more often than many recognize.
Worker's compensation is designed to protect employees and their families from the hardships that often arise from on the job injuries, even those that unfortunately result in death of the employee. The employee (or their family member, if the employee is deceased) is usually paid on a weekly or bi-monthly basis; in addition to financial restitution, the injured employee also receives medical benefits paid by the employer. Though it may sound one-sided, it is a benefit to both the employee as well as the employer. How so? Because to receive this benefit the employee must waive their right to litigation against the employer.
While this list is not all-inclusive, it sheds some light upon the type of injuries that a workers compensation lawyer can help when an employee is injured on the job:
Spinal cord injuries
Leg and knee injuries
Head, neck and shoulder injuries
Carpal tunnel syndrome
Injuries resulting from repetitive use
Injuries resulting in amputation
Complex Regional Pain Syndrome
Traumatic Brain Injuries
Reflex Sympathetic Dystrophy
Hand, Arm, Wrist or Elbow injuries
Pain and Suffering Resulting from a Job Related Injury
It is important that the injured party contacts an experienced, competent workers compensation lawyer to guide them through the process of filling out the appropriate claim forms and selecting the right physicians to help them fully recover from the injuries they have sustained. As the employee works toward healing and rehabilitation, the financial impact of the accident is minimized with the money received as a result of the claim. Generally, the amount one receives represents a percentage of their regular income, (though many states have a cap on the maximum amount injured employees receive while they are out of work). This amount will continue until the authorized physician releases them to return to their regular duties.
In some cases, the injuries sustained may prevent the employee from returning to the position they held at the time of the incident. In this circumstance the workers compensation lawyer may be advise the injured party that they are entitled to a wage loss benefit, if this circumstance applies to their particular situation. Regardless, in all cases, the employer is responsible for 100% of the medical treatments required, which generally includes prescription medication, rehabilitation services if required, mileage reimbursement for trips back and forth to the authorized physician, as well as other factors.
Though we hope you never have an on the job accident, it is important to consult with an experienced and competent workers compensation lawyer before proceeding with any type of claim.
Social Security Disability cases likely to be referred
Sometimes, when an employee is injured on the job, their employer and an insurance company will not support them if they file a claim for compensation. Workers compensation lawyers will fight on the side of the employee and help them seek suitable recompense for their hardship.
A heavy equipment accident can be horribly disfiguring, and often leaves the victim with permanent physical and mental trauma. Worse, these injuries aren’t uncommon, as industrial and construction machinery are responsible for nine of the 10 most common workplace incidents in the country.
The next time you find yourself looking at the clock wishing it was time to check out of work for the day, consider this: For a number of Americans, their checkout may be both final and fatal. Every job, every occupation has their risks.
With the inherent complexity of a work injury case, an experienced attorney may be the only way for a victim to attain compensation after an accident. In most states, an employee will only have workers’ compensation liability to draw from, and this is normally not enough.
When industrial accidents occur, an injury attorney may be the only ally a victim can rely on for help. In most cases, workers compensation regulations will determine how the victim is compensated in the wake of an incident. Worker’s compensation, however, is not always enough or may be denied.
Compared to 100 years ago, industrial accidents are rare today, but they can still cause a great deal of suffering when they do occur. Every year, thousands of workers die while on the job and many more are hurt in workplace incidents.
Workers’ compensation can help offset injury costs related to medical care and lost wages. The regulations regarding these programs are enforced at the state level, so the law often differs between states.
Personal injury claims demand a qualified attorney capable of representing the client with positive results. An attorney can review relevant information provided by a client and decide whether compensation is due because of someone else’s negligence.
Filing a successful injury claim is always a complicated process, but work place accidents are among the most difficult lawsuits to manage. There are many state and federal regulations that determine how an injured employee may go about filing a claim.
Anyone who has been hurt on the job may want to contact an attorney to help out with the process. Unfortunately, workman’s comp settlements are often needed to ensure that these funds make it to the employee.
Anyone who suffers an injury on the job should be prepared to hire a workers comp attorney, because the regulations surrounding this form of insurance are extremely difficult to understand for average person.
When is a workers compensation attorney necessary? With a strained economy, and good dependable jobs being at a premium, the last thing someone wants to have to deal with is a work related injury with the potential to cause them to miss work indefinitely.
The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction. All attorneys, unless otherwise noted in website, are not certified by Texas Board of Legal Specialization.