Workers’ Compensation Lawyers

What Should I Do Before Contacting a Workers’ Compensation Attorney?

Unsure what to do after suffering a work-related injury? As long as you were not doing anything illegal, your injury is covered. So, do not hesitate to report your injury—even if you feel it may be your fault. Job-related illnesses that occur over time such as mesothelioma and repetitive trauma injuries like carpal tunnel syndrome must be reported as soon as a diagnosis has been obtained and you learn that the injury or condition is related to your employment.

It is extremely important to report your injury to your supervisor or employer immediately after your injury, even if it doesn’t cause you to miss work or seem that bad. When reporting, you must include the date, time, and circumstances of your injury.

You must report that you were injured and that your injury was caused by your job. We suggest that you give that notice in writing. If you develop an occupational illness over time that can be related to your job, you should report it as soon as you receive a doctor’s diagnosis. Injuries must be reported to your supervisor or the person whose job it is to prepare injury reports.

If your employer tries to deny or minimize your workers’ compensation claim, your legal case will be that much stronger for having taken these steps. As you report your injuries, receive medical results, diagnoses, and bills, and file your claim, make sure to carefully organize and copy your documents so that they are ready if you need to consult a workers’ compensation attorney.

How Do You Know if You Need a Workers’ Compensation Attorney?

All employees are entitled to represent themselves when making a worker’s compensation claim, but doing so can put them at a significant disadvantage. The law firms representing workers’ compensation insurance companies vigorously defend their clients and attempt to minimize the benefits paid. Workers need an experienced and well-resourced legal team capable of fighting just as zealously on their behalf.

Even if an employee is already receiving workers’ compensation benefits, a consultation with an experienced attorney can reveal if the current benefit arrangement is appropriate and assist the worker in defending any challenges to their benefits or medical treatment being made by the insurance company.

The litigation process over serious work-related injuries or illnesses generally requires legal representation. If you are injured, have contracted a work-related illness or believe you have been treated unfairly, contacting a workers’ compensation attorney is in your best interest. Even if you think you’re able to handle the situation on your own, a lawyer is there to help you through your case from start to finish and receives no payment until your case is won.

Why Should I Hire A Workers’ Compensation Lawyer?

The workers’ compensation system may have been intended to provide prompt and fair compensation for injured workers, but it now appears to work mostly to the benefit of employers and insurers. An experienced workers’ comp attorney will be your advocate and make sure you are treated with the respect and dignity you deserve.

For example, when you have a workers’ compensation lawyer, you do not speak to the insurance company – your lawyer handles that. In addition, the insurance claims adjuster will probably set up an independent medical exam, which will be with a doctor paid by the insurance company. This doctor may downplay your injury or offer an alternate explanation for how it occurred. These appointments are mandatory and failure to attend could result in the loss of benefits. A workers’ compensation lawyer will walk you through the whole process and inform you of any important developments so that all your attention can remain on recuperating. Your lawyer will also make sure the doctor evaluates your injuries in a thorough and fair manner.

Workplace injury lawyers strive to obtain the maximum award for their injured clients’ damages. There are certain circumstances where it is particularly crucial to engage the services of a workplace injury lawyer:

• The employer has rejected the claim or is reluctant to promptly disburse owed benefits.
• The employer’s proposed settlement does not cover all the lost wages and medical expenses.
• The injuries from the accident prohibit the employee from resuming their prior job.
• The employee cannot perform any work due to the injury.
• The injury significantly restricts the employee’s ability to work.
• The employee is receiving, or is planning to receive, Social Security disability benefits.
• The employer does not subscribe to workers’ compensation insurance.
• The employer retaliates against the employee who files a worker’s compensation claim.
• The employee was injured due to a third party’s actions or the employer’s serious misconduct.

Even if your case is not before a judge, it may be wise to contact a workers’ compensation lawyer to help you navigate the difficult process of dealing with your employer and its insurance company.

How Can Workers’ Compensation Lawyers Help?

At Pond Lehocky Giordano LLP, our nationally-rated team of workers’ compensation lawyers specializes in providing legal assistance to workers who have suffered from work accidents and been denied their rightful workers’ compensation claims. Drawing upon our extensive experience in advocating for the rights of workers, we guide our clients through the often complex and challenging process of recovering the compensation they deserve. Our workers’ compensation lawyers handle a wide range of on-the-job injury claims, including but not limited to:

• Injuries to the shoulder, back, spinal cord, eyes, hip, knees, neck, respiratory organs, ankles, wrists, feet, and hands;
• Tendonitis, carpal tunnel, or other repetitive stress injuries
• Hearing damage or loss;
• Head injuries such as traumatic brain injuries (TBIs) or concussions caused by falls or falling objects;
• Cold stress or burn injuries resulting from accidents like electrocution or equipment malfunction;
• Illnesses caused by exposure to toxins, including occupational diseases such as mesothelioma or Black Lung;
• Muscular injuries, broken bones, torn ligaments, torn rotator cuffs, and herniated discs resulting from lifting, pushing, or other actions; and
• Death that was caused by a work activity.

Our workers’ compensation lawyers also handle third-party claims. Although workers’ compensation typically means that employers are no-fault, people injured in a workplace accident may still sue the manufacturer of machinery, products, or equipment relevant to their injuries in addition to filing their workers’ compensation claim. These third-party claims are usually filed on the basis of reasons like unsafe working environments, inadequate training, or faulty equipment.

How Should I Handle Medical Examinations and Treatment While Receiving Workers’ Compensation?

After a worker files a claim, employers are entitled to a DME (Defense Medical Examination) so that their medical expert can offer their opinion as to the extent of the injury or illness. The employer or their insurance company can make a DME request once every six months for every injury.

Pond Lehocky Giordano LLP keeps its own on-staff medical team that has one goal: ensuring workers have access to the best doctors and medical care available. Our team ensures workers receive objective, accurate, and compassionate evaluations of their condition so that they have the best opportunity possible to recover from their illness or injury.

What Are the Different Types Of Workers’ Compensation Benefits?

Injured workers making a successful claim for compensation are entitled to indemnity (wage-loss) benefits that are typically equal to two-thirds of their pre-tax weekly earnings before the injury occurred. The minimum and maximum adjustments to that figure may vary from state to state.

There are several types of workers’ compensation benefits:

• Wage Loss Benefits: payments to compensate for loss of wages due to total or partial disability.
• Death Benefits: payments to the surviving dependents of a worker who died as the result of a workplace illness or injury.
• Specific Loss Benefits: payments to compensate for the loss of a body part, the permanent loss of the use of a body part, or for permanent scarring or disfigurement to the neck, face, or head.
• Medical Care: payments for reasonable surgical and medical care required to treat the workplace-related injury or illness.

In cases of partial disability (situations where the worker can or does return to work in a lower-paying role with work-related restrictions, or is found to be not totally disabled), benefits can be paid for up to 500 weeks, in some cases. This period can also vary from state to state.

In cases of total disability, employers or their insurers in many states are entitled to request a medical examination to determine if the employee has improved to a level of impairment that would classify their injury as a partial disability.

Frequently asked questions about workers’ compensation

Have a question about workers’ compensation that wasn’t answered below? Feel free to explore our dedicated workers’ compensation FAQ page.

Get a free case evaluation with a workers’ compensation lawyer today