eBook: An Overview for Texas Accident VictimsDOWNLOAD
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
- Hip injuries
- 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.