Our attorneys have helped thousands of people move their workers’ compensation claims forward and put their lives back together. Here are a few ways an attorney can help:
Proving you have a work injury: Some work accidents are straightforward. If you fell and broke your arm in front of ten of your coworkers, your employer probably isn’t going to dispute that you were hurt on the job. Other injuries that happen over a period of time, such as carpal tunnel and other repetitive stress injuries (RSI), are easily disputed. If you were injured at the very beginning or end of a shift, your employer might argue that the accident was part of your commute, not your job duties, and thus not covered. Even if they acknowledge that you were indeed hurt on your job, your employer or their insurance company may dispute the extent of your injuries. They may claim you had a pre-existing condition that isn’t work-related and thus not covered by workers’ comp.
We know exactly how to handle these situations. Our attorneys will investigate your injury, find the evidence that proves you were hurt on the job, and take a hard line dealing with the insurance company as we fight for the full compensation you deserve.
Getting medical care: Workers’ compensation is supposed to pay for all “reasonable and necessary” treatment for an on-the-job injury or illness. In theory, this should be simple: your doctor examines you and decides what is necessary, you get the treatment you need to get better, and your employer’s insurance company pays for it all.
In practice, of course, the insurance company is trying to save money, and that often means disputing whether your treatment is really “reasonable and necessary.” This can quickly turn into a nightmare as you have to go through mountains of paperwork just to get the medication or therapy you need. We know how to guide you through the process and advocate for the treatment you need so that you can get better.
Calculating your wage loss: If you are unable to work at all for a period of time due to your injury, workers’ compensation pays you two-thirds of your average weekly wage during that recovery period (this is called total disability). If you are able to work but have to take on a “light duty” position for lower pay, workers’ compensation pays 66 2/3 % of the difference between your previous pay and new pay (we call this partial disability).
In either case, calculating your average weekly wage is critical – and it can get complicated if your compensation includes incentive pay, shift differentials, cost of living adjustments or mandatory overtime. We know how to fight for every dollar you are owed so you can maintain your quality of life.
Representing you in workers’ compensation hearings: If your claim is disputed, your case may proceed to a hearing. These are difficult, fact-intensive hearings in which the right representation can make all the difference. We have been to thousands of hearings with our clients and know exactly what to expect. We’ll help you prepare and build a strong case for the compensation you need.
Exploring third-party claims: While workers’ compensation is (nearly) always available to you if you’re hurt on the job, it is also limited. It pays your medical bills and a percentage of your lost wages, up to a statutory maximum. There is no compensation at all for losses like pain and suffering or lost quality of life. This is the core tradeoff of workers’ comp: you get no-fault compensation for certain losses, but you cannot sue your employer for any losses beyond that.
If a negligent third party was involved in your accident, you can file a lawsuit against that individual or business. For example, if you are in a car accident while driving for work, you can take legal action against the at-fault driver; likewise, if you slip and fall on another business’ premises while you are there for a work purpose, you can file a third-party claim against the property owner. An attorney from our firm can help you explore your legal options and move forward with a third-party claim in addition to your workers’ compensation claim. to help you get all the money you deserve.
Remember, if you hire us to represent you, you don’t pay us a cent until we successfully resolve your claim. You can afford to hire a workers’ compensation attorney – the only question is whether you can afford not to. Contact us today for your free case consultation.