Thursday, February 22, 2024

Compensation For Injury At Work

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Cumulative Or Continuous Trauma

Should I Go Back to Work After a Workers’ Compensation Injury?

A catch-all phrase used usually to describe the degradation of a body part, joints, muscles or tendons as a result of a repeated task over a long period of time. These injuries are most common in workers that have decades-long careers in manual labor positions. Proper training and recovery between injuries can be instrumental in preventing this type of trauma.

A workers compensation insurance policy protects employees by covering the cost of medical expenses, rehabilitation costs and lost wages for those who suffer a work-related injury or illness. It also provides benefits to families of employees who die from work-related injuries or illnesses. In addition, your carrier should also provide value added loss control services that will help you to build an overall culture of safety and reduce workplace injuries and illnesses.

EMPLOYERS is committed to helping small businesses operate safer, more efficient work places. Contact EMPLOYERS® today to learn more about our cost-effective workers compensation insurance.

Report Your Injury Immediately

Report Your Injury immediately to your employer or supervisor. Failure to report your injury to your employer within 30 days may jeopardize your ability to receive workers compensation benefits. Notify your employer in writing the written notice must state the date, time and place of the injury, the nature of the injury and the name and address of the person injured. You can use this online form if your employer does not provide you with a form. Always make a copy of the written notice for yourself and keep a written record of the date you mailed your notice. If you hand-deliver your notice, keep a record of the date and time of the delivery along with the full name and title of the person you delivered it to. After reporting your injury, your employer should arrange for the necessary medical treatment and the filing of the reports with the Division. To verify that your injury has been reported, call the Division at 800-775-2667.

Related: Report Your Workplace Injury/Occupational Disease or Repetitive Trauma Injury

What Are My Rights Against Parties Other Than My Employer

Sometimes an on-the-job injury is caused by the fault or negligence of a third party, such as the manufacturer of defective equipment, or the driver of a delivery truck. You may have the right to bring an injury claim against that person or entity. Typically, such a claim isn’t filed in the workers’ compensation universe, but in civil court as a lawsuit.

Filing a civil lawsuit for work-related injuries means you can typically seek payment for some losses that aren’t recoverable in a workers’ compensation claim.

For example, the benefits you receive in a workers’ compensation claim are typically intended to reimburse you for your medical expenses and lost wagesyou are usually not allowed to seek compensation for “non-economic” damages, such as the mental and physical pain and suffering resulting from your injuries. But in a personal injury lawsuit against a third party, these kinds of damages are recoverable. Learn more about when you can sue outside of workers’ comp.

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What To Do After A Workplace Injury

Whether youre hurt on an oil rig or suffer a repetitive stress injury as an administrative assistant, your priority is medical care. As workplace injury lawyers, we have seen the tragic consequences of waiting for medical treatment.

Once youve received medical attention, notify your supervisor about the accident or injury. These two steps getting medical documentation of your injuries and notifying your supervisor are crucial elements to pursuing total and fair compensation.

If You Were Working In Your Usual Workplace

3d Man and Work Injury Compensation Claim Form Stock Illustration ...

If youre an employee or a worker, you should make sure your employer knows about your accident. The best person to tell is probably your manager – check your staff handbook or intranet if youre not sure.

If youre self employed, you have to report your accident to the Health and Safety Executive if it happened while you were working on your own premises.

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Injuries Covered Under The Missouri Workers Compensation Law

All injuries occurring after August 28, 2005, must meet the standard of the accident being the prevailing factor in causing both the resulting medical condition and disability and the injury must arise out of and in the course of employment. The prevailing factor is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability. Occupational diseases occurring after August 28, 2005, must meet the standard of the occupational exposure being the prevailing factor in causing both the resulting medical condition and disability.

Workers Compensation Practice And Procedure In Reading Pa

When you are injured on the job, life is suddenly filled with uncertainty and hardship. A disabling injury is usually accompanied by the loss of a paycheck as well. Medical and household bills start to add up, and there seems to be no way to meet your expenses. Martin Laws workers compensation attorneys in Reading, PA will help injured workers get back on their feet and return to work. Unfortunately, insurance companies can dispute or deny claims for many reasons, but that is where we step in.

In most cases, you only have 120 days to report a work injury in Pennsylvania. You then have up to 3 years to file a claim from the date of your injury. Our workers compensation attorneys want to ensure you are fully aware and informed of your rights under the law. Martin Law takes pride in protecting workers and their families. Our partners are certified specialists in workers compensation and strive to provide the best representation possible for every client. For over four decades our attorneys have helped injured workers receive the compensation they deserve, to pay household bills, cover their medical expenses, and put their lives back together again.

WHY MARTIN LAW?

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How To Pursue Compensation

New Mexico and Texas have different laws and requirements that affect how you pursue compensation for a workplace injury. It is in your best interest to work with an attorney familiar with both states liability and negligence laws relating to injuries at work.

There are two ways to recover compensation for a work-related injury or illness.

Finding The Best Hawaii Workplace Injury Lawyer

Your Guide to the Basics of Workers Compensation & Claims

Because the attorney is being paid on a contingency basis, he or she will want to make sure the case in winnable before taking it on. When meeting with the attorney the first time, you will probably have about a half hour to make your case. This means you need to have your information ready to go.

The more prepared you are for this meeting, the easier it will be for the attorney to make an informed decision regarding the possibility of winning the case. With that in mind, we put together a checklist of items that you will want to bring with you to the meeting.

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Workplace Injury Compensation Coverage

Every state but Texas mandates employers to purchase workers’ compensation insurance, but only workers properly classified as “employees” are covered . Also, Idaho and Wyoming do not require coverage of undocumented workers but Arizona, California, Texas, and other states specifically include illegal immigrant workers in employers’ workers’ comp coverage.

Depending on your state, certain types of work injury claims may not be covered by workers’ comp requirements.

Your Rights & The Process

Even the most loyal, long-time employees find themselves fighting their employer or insurance company for their workers compensation benefits following a work injury. We offer skilled legal representation to assert and preserve your workers compensation rights.

Our attorneys are well-versed in every facet of Pennsylvania workers compensation, from initial claims to contested hearings. We can explain your rights and the value of your claim in a free consultation.

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What Is Considered A Workplace Injury

Most injuries that occur on the job are covered by workers comp insurance, including accidents and illnesses caused by exposure to work activities, materials, and equipment.

As soon as an employee suffers an occupational injury that is covered by workers comp insurance, time is of the essence. The employee has a limited number of days to report the incident and collect benefits.

Typically, injured workers should report an occupational injury to the employer as soon as it occurs. If there is a delay in filing the claim, the insurance provider could potentially deny the employee compensation benefits. The delay may also give your carrier the impression that the claim isnt legitimate.

What Happens If A Workplace Injury Leads To Lost Time From The Job

Workers Compensation Attorney

Injured workers may receive temporary indemnity benefits if they are unable to work and earn a paycheck while recuperating. These benefits generally remain until the worker’s medical condition becomes stable or the worker returns to work.

Depending on the type of injury and its severity, workers may be entitled to benefits if they are permanently totally disabled or otherwise have a permanent impairment.

Find out about .

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We Represent Workers In Reading

At Martin Law, we realize that some work injuries can make it difficult to travel. That is why we offer several locations across southeastern Pennsylvania in order to accommodate all of our clients, including those in Reading, PA, including Reading, PA. Out of our six offices, one is certain to be more convenient for you. Among all locations, our practice areas include Workers Compensation, Social Security Disability, Long-Term Disability, and Veterans Benefits. Contact us today for a FREE consultation with an experienced attorney who will make sure to answer any questions you have, and ensure you are going to secure the benefits you deserve. Our staff of more than 15 experienced attorneys, along with Paralegals, Legal Specialists, and Legal Assistants are standing by, ready to help you.

Some jobs have a higher risk of work-related injuries than others, however, injuries occur in every occupation. While Pennsylvania workers compensation benefits are the same for all, having an experienced attorney who understands your industry, your job duties, and your working conditions is a comfort and advantage.At Martin Law, we only represent employees, never employers. We practice with honesty, integrity, and compassion to get results. Contact us today at 215-587-8400 for a FREE consultation or email us at info@paworkinjury.com for a FREE consultation.

WHY MARTIN LAW?

Can I Sue If I Was Injured At Work

Whether or not you can sue for an injury at work depends on who was at fault and whether you have workers comp coverage. If your employer provides workers compensation insurance and your injuries are covered, then you cannot sue your employer. If workers comp does not protect you, the law may entitle you to sue your employer for negligence.

It is possible to file a personal injury lawsuit against a liable third party whether or not you receive workers compensation benefits.

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Settlements With Third Parties

Where an employee’s injury or death in the performance of duty occurs under circumstances placing a legal liability on a party other than the United States, a portion of the cost of compensation and other benefits paid by OWCP must be refunded from any settlement obtained. OWCP will assist in obtaining the settlement and the Act guarantees that the employee may retain a certain proportion of the settlement even when the cost of compensation and other benefits exceeds the amount of the settlement.

Insured Case Report Accidents

WORKERS COMPENSATION in Florida (The Real Story on Work Injuries)

An insured person who has had an accident and wishes to receive compensation based on the contracted accident insurance must fill in all sections of the Accident Report form and enclose all medical and other documentation related to the accident according to the list:

photocopy of all specialist findings, original X-ray, CT, MRI, ultrasound images obtained during diagnostic processing and treatment,

card of physical therapy, if the therapy was determined under professional guidance,

hospital discharge,

a copy of the sick leave report and a completed certificate of absence from work due to an accident , if the employer is an insurance contract,

photocopy of Occupational Injury Reports to be completed by the employer and the doctor in the event of an accident at work,

photocopy of the document of the Council of Physicians of Medicine issued by the Public Institution Institute for Occupational Medicine, on extended sick leave,

photocopy of ID card and photocopy of drivers license in case of a traffic accident,

if you did not receive any of the above documents at the time of treatment of the consequences of the accident, you must enclose a photocopy or medical record from the medical record relating to the accident

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Injuries And Illnesses Covered By Workers’ Comp

When people think of a workers’ comp injury, they often picture a one-time, traumatic injury, like a fall from a ladder. But in many states, workers’ comp coverage extends to the following types of injury and illness as well:

  • Single, traumatic injuries: injuries resulting from a single incident, such as an accident involving heavy equipment
  • Cumulative trauma: injuries resulting from repetitive motion or strain, such as carpal tunnel syndrome, tendonitis, or back pain
  • Occupational illness: illnesses or diseases resulting from harmful exposure in the workplace, such as asbestosis or conditions caused by chemical exposure
  • Mental health injuries: psychological conditions such as PTSD or major depressive disorder , and
  • Death: when an employee dies because of a work-related injury or illness.

Finally, depending on your occupation and the rules in your state, you might also be eligible for workers’ comp benefits if you get COVID-19 as a result of your job.

What Is The Purpose Of Workers Compensation

Louisiana Revised Statutes 23:1020.1 explains the workers compensation law within the state. Multiple reasons exist for adopting this type of system to protect workers, including:

  • Provide timely payment of disability benefits to injured workers
  • Pay for medical expenses injured workers are faced with
  • Assist injured employees in returning to the workforce in a safe and timely manner

The state adopted this process so workers can get the money they need to heal without the need to prove negligence through an injury lawsuit. When an employer attempts to avoid paying workers comp, it takes a dedicated Ruston attorney to push back against them and to help you seek the rights that youre entitled.

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Employees Covered Under The Missouri Workers Compensation Law

Every employer that has five or more employees must insure its workers compensation obligations with an insurance carrier that is authorized to write such insurance in the state of Missouri by the Department of Commerce and Insurance, or meet the Division of Workers Compensation requirements to self-insure its liabilities. Construction industry employers that erect, demolish, alter, or repair improvements are required to carry workers compensation insurance if they have one or more employees. Railroad, postal and maritime workers are covered by federal laws, not by the Missouri Workers Compensation law.

Get Emergency Treatment If Needed

Los Angeles Workers Compensation Attorney

If its an emergency, call 911 or go to an emergency room right away. Tell the medical staff that your injury or illness is job-related. If you can safely do so, contact your employer for further instructions.

If you dont need emergency treatment, make sure you get first aid and see a doctor if necessary.

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Work With A Ruston Workers Compensation Attorney

Stephen Babcock grew up in Louisiana and has worked here for decades. He was actually injured on the job once in Ruston. We know this area and this area of law. Work injuries should be taken seriously by both you and your employer. A properly filed claim is less likely to be rejected on procedural grounds. When an employer attempts to fight a valid claim, a worker injury action can help set the facts straight and get you the compensation you are owed.

With help from a Ruston workers compensation lawyer, you can rest assured that your rights are getting the care and attention they deserve. Contact us today to get started.

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Questions To Ask A Workers Compensation Lawyer In Hawaii

At some point, the attorney will ask you if you have any questions. We recommend writing these questions down on a legal pad and if the attorney has not addressed them, you should ask them when the floor gets turned over to you:

  • What attorney will be representing you on the case if you use this firm?
  • How much experience does the attorney have in this field of law?
  • How successful has the attorney been in cases such as yours?
  • How successful is the firm overall in these types of cases?
  • Is it possible to get references?
  • Who is your main point of contact for updates on the case?
  • If the case loses, are there any fees that you could be held responsible for?

After you interview attorneys and have it narrowed down, there are a few more questions to ask before committing to using the attorney on your case. They are:

  • With your current salary, how much can you expect to receive in benefits?
  • How long would it be before you receive your first benefit check?
  • Do attorney fees come directly off the top of payments?
  • What are the attorney fees that you will be charged?
  • Are your benefits taxable?
  • Is Your Spouse Entitled to Workers Comp Settlement?

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What To Expect In A Work Injury Lawsuit

Workers compensation insurance is essential protection for workers, but it rarely covers everything. If you have the right to file a work injury lawsuit, we often recommend you do.

Filing a lawsuit allows us to review the other partys evidence. Our attorneys can assess the strengths and weaknesses and a probable outcome to a trial. If we move forward with legal action, you can expect the following process:

  • Serve the defendant with notice of our lawsuit, giving them the chance to respond.
  • Amend the complaint, depending on the defendants response.
  • Gather additional evidence during discovery, where both sides must answer questions and share documents.
  • Prepare witnesses and hire experts, if necessary.
  • Pursue a settlement before the case goes to trial.

Many defendants choose to settle, particularly if they have a weak case. If a settlement is unavailable, we prepare to go to trial.

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