Stephen Hasner | Workers' Compensation Lawyer | March 3, 2025
A workers’ compensation attorney plays an important role in guiding injured workers through the complex process of filing claims and securing benefits. They will begin by evaluating the details of your case and determining your eligibility for compensation based on the nature of your injury and employment circumstances. The attorney also handles all communications with your employer and their insurance company, ensuring that your rights are protected and that you are not pressured into accepting inadequate settlements.
Additionally, a workers’ compensation attorney gathers necessary documentation, including medical records and witness statements, to build a strong case. They will file your claim and manage any appeals if your claim is denied. If necessary, the attorney also represents you at hearings, advocating for your interests and presenting evidence to support your claim. By managing every step of the process, a skilled attorney allows you to focus on your recovery while working to secure the full benefits you deserve.
When Can You File a Workers’ Compensation Claim?
Workers’ compensation is a system designed to provide benefits to employees who suffer job-related injuries or illnesses. If you suffered an injury at work, you may be eligible to file a claim, but there are specific conditions that must be met.
One of the most important factors in filing a workers’ compensation claim is that the injury must have occurred while performing work-related duties. This means that if you suffered an injury while carrying out tasks assigned by your employer, you are likely eligible for benefits. However, if the injury happened outside of work or while engaging in activities not related to your job, you may not qualify. Additionally, the injury must have been accidental and not intentionally self-inflicted.
Timing is another key element in the claims process. To file a claim, the injured worker must notify their employer of the injury as soon as possible. Ideally, this should be done immediately, but the law allows up to 30 days to report the injury. Failing to report it within this time frame can result in losing the right to claim benefits. After notifying your employer, you must also file a formal workers’ compensation claim within one year of the date of the injury. If you fail to do so, you may lose your right to receive compensation.
Workers’ compensation covers a variety of injuries, including those caused by accidents such as falls, machinery malfunctions, or vehicle crashes while on the job. It also covers repetitive stress injuries, such as carpal tunnel syndrome, and illnesses resulting from exposure to hazardous materials in the workplace. If a worker develops an occupational disease due to their job conditions, they may also be eligible to file a claim.
There are some situations in which a claim may be denied. If an injury occurs while an employee is under the influence of drugs or alcohol, the claim is likely to be rejected. Additionally, if an injury results from horseplay or a violation of company policies, the worker may not be eligible for compensation.
Once a claim is filed and approved, workers’ compensation benefits can cover medical expenses, lost wages, and rehabilitation costs. If you suffered an injury on the job, it’s important to act quickly and follow the proper steps to ensure you receive the benefits you are entitled to recover.
What Types of Benefits Can You Recover in a Workers’ Compensation Claim?
When an employee suffers a work-related injury or illness, they may be entitled to several types of benefits under the state’s workers’ compensation system. These benefits are designed to help injured workers recover physically and financially while ensuring they receive the necessary medical care.
One of the primary benefits available is coverage for medical expenses. Workers’ compensation pays for all reasonable and necessary medical treatment related to the injury, including doctor visits, hospital stays, surgeries, prescription medications, and physical therapy. If specialized care, such as rehabilitation or long-term treatment, is required, those costs may also be covered. In some cases, transportation costs for medical appointments may be reimbursed if the employee has to travel a significant distance.
In addition to medical care, injured workers may receive income benefits to help replace lost wages while they are unable to work. Temporary total disability benefits are available for employees who are completely unable to work for a period of time due to their injury. These benefits provide a portion of the worker’s average weekly wage until they can return to work. If an employee can still work but in a limited capacity, they may receive temporary partial disability benefits, which provide compensation for the difference between their previous earnings and their reduced wages.
For workers who suffer permanent injuries, permanent disability benefits may be available. If an injury results in a lasting impairment that affects the worker’s ability to perform their job, they may receive compensation based on the severity and impact of their disability. In cases where an employee is permanently and totally disabled, they may continue receiving benefits for an extended period, potentially for life.
Another important benefit of the workers’ compensation system is vocational rehabilitation. If an injury prevents a worker from returning to their previous job, they may receive assistance in finding new employment. This can include job training, education programs, or career counseling to help them transition to a different role that accommodates their limitations.
In tragic cases where a work-related injury leads to an employee’s death, their dependents may be eligible for death benefits. These benefits provide financial support to surviving family members, such as a spouse or children, and help cover funeral and burial expenses.
Workers’ compensation benefits are designed to protect employees and provide financial stability after a workplace injury.
How Can an Experienced Workers’ Compensation Attorney Handle Your Case for You?
Navigating workers’ compensation claims can be daunting – especially for those unfamiliar with the legal system. A knowledgeable workers’ compensation lawyer can significantly ease this process by handling every aspect of your case, allowing you to focus on recovery while pursuing the benefits you deserve.
- From the outset, a skilled attorney can evaluate your case to determine your eligibility for benefits. They will assess the details surrounding your injury, including how it occurred, the nature of the injury, and the medical treatment received. This evaluation is vital, as it sets the foundation for your claim. The attorney can then guide you on the appropriate steps to take, ensuring that you meet all legal requirements, such as timely reporting the injury to your employer and filing the claim within the necessary deadlines.
- Once your case is established, the attorney will handle all communications with your employer and their insurance company. This is important because insurance companies often seek to minimize payouts and may attempt to deny valid claims. A knowledgeable attorney understands the tactics that insurers frequently use and will aggressively advocate on your behalf, presenting evidence and arguments that support your claim. They can negotiate directly with the insurance adjusters, ensuring that you are not pressured into accepting a low settlement that does not adequately cover your needs.
- In addition to negotiation, your attorney will gather all of the necessary documentation, such as medical records, witness statements, and other evidence that supports your case. This information is vital in proving the extent of your injuries and the effect on your ability to work. An attorney knows how to present this evidence effectively, increasing your chances of a successful outcome.
- If your claim is disputed or denied, a skilled workers’ compensation attorney can represent you during hearings or appeals. They will prepare your case, argue on your behalf, and navigate the legal process for you. Their experience and knowledge of workers’ compensation law can make a significant difference in the outcome of your case.
How Can a Knowledgeable Workers’ Compensation Lawyer Help if Your Claim is Denied?
If your workers’ compensation claim for benefits is denied, it can be a frustrating and disheartening experience. However, a qualified workers’ compensation lawyer can play a vital role in navigating this challenging situation. Their experience can make a significant difference in overturning the denial and ensuring you receive the benefits you deserve.
When your claim is denied, the first step an attorney will take is to analyze the denial letter carefully. This letter usually provides specific reasons for the denial, which may include a lack of sufficient medical evidence, questions about the cause of the injury, or failure to follow proper procedures. By understanding these reasons, your attorney can formulate a targeted strategy to address the issues that the insurance company raises.
Once the reasons for denial are established, the attorney will work to gather additional evidence to support your claim. This may involve obtaining more detailed medical records, securing additional opinions from medical professionals, or collecting witness statements that corroborate your account of the injury. Your attorney knows what evidence is most compelling and can present it in a way that strengthens your case.
After collecting the necessary documentation, your attorney may file a formal appeal with the Board of Workers’ Compensation. This process involves submitting a notice of appeal, which outlines your reasons for contesting the denial and provides the supporting evidence. Your attorney will ensure that all required paperwork is completed accurately and submitted on time, which is important to preserving your right to benefits.
In some cases, disputes may lead to a hearing before an administrative law judge. If this occurs, your attorney will represent you during the hearing, presenting your case and advocating for your rights. They will argue on your behalf, using the evidence gathered to demonstrate the validity of your claim. A skilled attorney will also be prepared to counter any arguments that the insurance company’s lawyer makes.
What is a Workers’ Compensation and Third-party Case, and What Types of Third-party Damages are Recoverable?
Workers’ compensation is designed to provide benefits to employees who suffer injuries or illnesses while on the job, covering medical expenses and lost wages. However, there are situations where a worker may also have the option to pursue a third-party claim or lawsuit in addition to their workers’ compensation benefits. This typically occurs when a third party, who is not the employer or a co-worker, is responsible for the injury.
A third-party case arises when an employee suffers an injury due to the negligence or wrongful actions of someone other than their employer. For example, if a construction worker suffers an injury because of faulty equipment that another company manufactured, or if a driver is hurt in a work-related accident that another motorist caused, then they may have grounds for a third-party claim. In these situations, the injured worker can pursue compensation from the at-fault party (or their insurer) while still receiving workers’ compensation benefits.
In a third-party case, the types of damages an injured worker can recover can go beyond what is typically available through workers’ compensation. While workers’ compensation provides coverage for medical bills and a portion of lost wages, third-party claims allow for a wider range of damages. These may include:
- Pain and Suffering: Unlike workers’ compensation, which generally does not cover pain and suffering, a third-party claim can account for the physical and emotional distress resulting from the injuries.
- Loss of Life Enjoyment: If the injury limits the worker’s ability to participate in activities they enjoyed before the accident, they may seek compensation for this loss.
- Future Medical Expenses: If the injury requires ongoing treatment or long-term care, the injured worker can pursue damages for these anticipated future medical costs.
- Loss of Earning Capacity: If the injury affects the worker’s ability to earn a living in the future, they may seek compensation for the difference between their pre-injury earnings and their projected future earnings.
- Emotional Distress: In some cases, workers may claim damages for emotional distress resulting from the accident, including anxiety or depression stemming from their injuries.
Talk with an Experienced Workers’ Compensation Attorney Right Away
If you suffered injuries while you were on the job and while working within the scope of your employment, a knowledgeable Hasner Law can handle every step of your case for you. Their experienced personal injury lawyers will gather documentation, file a claim, represent you during legal proceedings, and aggressively pursue the workers’ compensation benefits and/or third-party damages you are entitled to recover for your losses.
