There are two central components of each claim for workers’ compensation benefits. First, an employer, generally through its insurance company, is responsible for all medical benefits relative to an on-the-job work accident that causes injury to a worker. Second, but no less important, are wage benefits. These benefits are owed when an injury prevents an employee from performing his job duties. Importantly, these benefits are available regardless of fault, meaning is (it) simply doesn’t matter who caused the accident and injury.
What Makes Us Different
Choosing the correct doctor is paramount to your case. Not every doctor or healthcare provider is willing to navigate the complex system of workers' compensation.
We make certain your wage rate is correct and paid on time. Injured workers are generally entitled to penalties when a check is late.
Litigation in workers’ compensation is initiated by filing a dispute with the Office of Workers’ Compensation, and is fast-paced and intense, with an emphasis on resolving the dispute rapidly. To meet the several deadlines imposed by the court after the filing of a suit, our firm stays on top of your case, communicates with the doctors, and postures your case for trial with an emphasis on settlement. In workers' compensation, the trial judge does not have the power to award money for future benefits. Therefore, trial awards are not necessarily large and focus on past events, the actions of the parties, and treatment approval. Settlements however do provide for future benefits, which is generally to the benefit of both the injured worker and his or her employer.
It is important to remember that a claim for compensation cannot include pain and suffering, which is the largest component of a typical personal injury suit. If you are injured by a third party or someone who is not associated with your employer, you may have the ability to file suit against the responsible tortfeasor, and that claim would allow you access to state courts and general damages, including pain and suffering, loss of enjoyment of life, and hedonistic damages. These two claims MUST be worked in conjunction for the best possible outcome.