What are your Work Injury Rights & How can we help you?

Jan 3, 2022 | Employment Concerns

What are your Work Injury Rights & How can we help you? – Workers’ Compensation is an insurance program created by the state’s legislature and it’s a requirement for employers to carry Workers’ Compensation insurance to pay for on-the-job injuries.

What are your Work Injury Rights & How can we help you?

This was established because if employees are injured on the job that’s a cost of doing business, and the social programs and welfare systems shouldn’t have to pay for those costs. Those losses should belong to the employer and not be passed on to society.

Back in the early 1900s there was a bargain between employees and employers which basically said that employers were responsible for all on-the-job injuries regardless of who’s at fault.

What do employers and employees get with Workers’ Compensation?

The employers get immunity from lawsuits by their employees for on-the-injuries and they only have to pay for certain benefits and there’s typically a limit on the benefits they have to pay.

The employees get relatively fast and easy access to medical care, lost wage benefits and other benefits without having to resort to a lot of litigation, and they don’t have to prove fault.

What are the employees’ benefits before MMI?

When you’ve been injured on the job there are 2 important periods of time. The first one is from the day of the injury to what’s called your day of maximum medical improvement (MMI) which is basically when doctors say they’ve gotten you as good as they can get you. The second period is after MMI.

Before MMI there are basically 3 benefits you’re entitled to. Number one is medical care 100% paid for, there are no deductibles and no limits. Number two, lost wage benefits, you’re entitled to 2/3 of your gross pay. Number three, you’re entitled to mileage paid for by the insurance company to and from doctor’s appointments.

How can an attorney help before MMI?

Medical care is the number one most important benefit because, unlike almost any other benefit in Workers’ Compensation, it’s not limited.

We as attorneys can help you change your doctor from the company selected doctor to someone else. Also, if the doctor is recommending care for you but the insurance company is delaying or denying authorization, we can help to get that back on track. And finally, if you have an injured body part that the doctor’s ignoring or the insurance company won’t pay for, we can fight to get that covered.

For lost wage benefits, we can help to make sure that if they’re not getting paid, that they get paid and that it’s calculated properly.

And finally for mileage, we will make sure that you’re claiming it, because if you don’t claim it timely it won’t get covered, and also that it’s paid properly.

What are the benefits after MMI and how can an attorney help?

Number one, you’re entitled to maintenance medical care, and that’s when the doctor says there’s no further medical care that will get you better, but you may need medical care to maintain your condition, and we will fight to get that admitted and covered.

Number two, you’re entitled to an impairment rating, which is a monetary benefit to compensate you for the fact that your body isn’t back to 100%, and we will help you by making sure that every body part is rated, that it’s rated properly, and that the formula and value is the highest we can get for you.

Number three is disfigurement, if you have a scar or brace or anything visible as a result of the injury or the treatment, we will make sure you get compensated for that.

Number four, you have a right to Permanent Total Disability, which is wage loss after MMI, if you can show that you’re so disabled as a result of your work injury that you can’t earn any wage anywhere in any position with any employer.

Are there any other types of benefits?

There are some miscellaneous benefits that may or may not apply to you, for example if you die on the job due to a work injury there’s a funeral benefit, currently about $7,000. You also have a right to reopen your claim if you get worse naturally in the future.

In addition to that, injured workers can settle their claims, giving up their rights to anything more in exchange for a settlement, closing the case, and we as attorneys make sure our clients get the biggest settlement that they’re entitled to under the law.