Worker's Compensation Frequently Asked Questions


THE LAW RECENTLY CHANGED IN MANY AREAS! PLEASE CONTACT US FOR FURTHER INFORMATION

What is Worker Compensation?
In the old days, if you were injured on the job, you had to sue your employer and prove employer fault to get paid. The law permitted employers to avoid payment. The result was employers made money on the backs of injured employees. Today, with few exceptions, workers can't sue their employers, but are entitled to money if they are hurt on the job, regardless of fault. Talk to us about your case.

Who is entitled to Worker Compensation?
You must be an employee. Usually, that means you are on the payroll receiving a paycheck, but in certain situations, so-called independent contractors may be entitled to compensation. The law presumes you are an employee. It is up to the employer to prove otherwise. For more information, contact us. Our attorneys can tell you if your situation qualifies.

What is an "on the job" injury?
To collect Worker Compensation, you must be injured in the course and scope of employment, and arising out of the employment. You must be under the employer's control or doing something to benefit the employer, and the injury must relate to your activities undertaken for your employer. Sometimes the facts are obvious, such as a fall from a ladder at your factory, while sometimes not so obvious, such as whether a pre-existing condition or stress caused an in-office heart attack. We will investigate your situation and advocate your best interests.

Can I sue for an on the job injury?
Sometimes. If you're injured in a collision that's third party's fault. Or if you are injured by a defective tool or machine while working. In those and other, similar cases, you can sue the responsible party as well as collect Worker Compensation. Talk to us.

Can I present a claim for job stress?
Stress cases are disfavored. You must be on the job six months. The predominate cause of your stress must be employment related. It cannot be related to a good faith employment action. You have to prove your injury through medical treatment or psychotherapy. You must have reported the injury before leaving your employment. Stress cases are hard to win and awards are low. We will analyze your case and candidly advise you of your chances of success.

What if my employer has done something really bad?
You may be entitled to up to a 50% increase in compensation for Serious & Willful Misconduct if you are injured due to lack of proper supervision, if your employer removes a safety device, or if your employer knowingly places you in danger or violates a safety regulation. We will file a Petition on your behalf if appropriate.

If I'm injured on the job, what should I do?
Report the injury to your employer immediately! Failure to promptly report an injury could severely jeopardize your claim. Reporting means telling your supervisor or the Human Resources Department, not a co-worker. Your employer must give you a Claim Form within one working day, and you must promptly complete and return it. Then call us. We'll do the rest, including medical referrals. It is very important to report your injury as soon as it happens. Statutes of limitation could extinguish your claim.

Can my employer take action against me?
NO! Your employer can't fire you, can't lower your pay, or give you any sort of a hard time because you've made a claim or threatened to do so. Not only can the employer be prosecuted, fined and jailed, but if that happens, the law entitles you to back pay and reinstatement as well as a 50% increase in compensation. We deal aggressively with this kind of employer behavior.

What if my employer has no insurance?
If your employer has no insurance, you have two remedies. First, you can sue your employer for personal injuries, if the accident is the employer's fault. The law presumes an uninsured employer is at fault. The burden is on the employer to prove otherwise. Or, you can obtain a judgment for the benefits due through the Worker Compensation Appeals Board, which will in some cases be paid b the Uninsured Employers Fund and in other case by the employer. In all cases where the employer is uninsured, the employer (but not the Uninsured Employers Fund) is liable for your attorney's fees.

What benefits are due to me?
That depends on your case. Your attorney will advise you. The most common benefits are:

• Medical Expenses are paid in their entirety. Under some circumstances, you can choose your own doctor. Mileage to the doctor is also paid.
• Temporary Total Disability is paid at 2/3 of your average weekly wage up to the statutory maximum if you are unable to work until you can return to the job or have reached maximum improvement.
• Permanent Partial Disability is an award for loss of use of a body part according to a schedule set by law.
• Vocational Rehabilitation is paid to you if you are unable to return to your former job and provides counseling, retraining, education, maintenance and job placement. It is available for most injuries which occurred prior to December 31, 2003.
• Death Benefits are paid to your eligible spouse and dependents if you die from a work-related injury or illness.
• Penalties are payable to you if the insurance carrier unjustifiably delays payments.