Workers' Compensation
About half of our clients are people injured in work accidents. Some have minor injuries and just need help navigating the system. But many have had devastating injuries which will affect their ability to work in the future. In either case, the process of handling a workers' compensation claim is based on a few simple rules.
The Job of a Workers' Compensation Attorney
A workers' compensation attorney's job is to help employees settle their workers' compensation cases if an insurance adjuster fails to resolve their case. This differs from a personal injury claim because in a workers' compensation claim, we need not blame someone for the injury. We only need to show that the injury happened at work, due to a work-related cause.
How We Handle Your Workers' Comp Case
- Determine whether the injury is work-related
- Identify who is financially responsible – every employer with 3+ employees must have Workers' Comp Insurance
- Ensure the employer and insurer provide proper medical care
- Analyze your work status and restrictions from the authorized doctor
- Fight to get you lost wages if you cannot work (after the 7-day waiting period)
- Negotiate settlements when injuries are permanent
- File hearings with the Workers' Compensation Board when benefits are denied
How Workers' Compensation Works
Medical Care
Every employer must have a Panel of Physicians posted somewhere obvious at the job (usually in the break room). If the employer has a valid Panel, the injured worker must use one of the doctors listed. The employer and insurer must pay for treatment directly to the provider.
Choosing Your Own Doctor
If the employer DOES NOT have a Panel of Physicians, the employee may choose their own doctor and the employer and their insurer must pay for the treatment.
Work Status
Once medical care has been established, the authorized doctor provides the injured worker with a work status. If the status is "No Work," the insurer must pay for lost wages after a 7-day waiting period.
Work Restrictions
Most injured workers will not be taken completely out of work. The doctor will usually place the injured worker on work restrictions. The employer must either provide suitable work within those restrictions or pay the injured worker as if they were totally disabled.
The Typical Pattern
A worker is injured, sees a workers' comp doctor who puts them on restrictions and prescribes therapy. While going through treatment, the restrictions allow their body to heal. Once healed, the doctor releases them to return to work and the claim gets closed.
When Should You Hire a Workers' Comp Attorney?
There are two general problems we see regularly where an attorney is essential:
Problem 1 - Permanent Injuries
Sometimes the employee's injuries are permanent and they cannot get back to their job. A settlement will need to be worked out between the employee and the employer's insurance company. We charge 25% of the settlement in return for working on the case.
Problem 2 - Denied Benefits
Sometimes the insurance company refuses to provide a benefit (like medical care or lost wages). The employee must file a request for hearing in front of a judge with the Workers' Compensation Board. This should only be handled by an attorney experienced in workers' compensation litigation. We charge 25% of the lost wages or disability payments we obtain on your behalf.
Note: If you do not have one of the two problems listed above, I would still encourage you to call us. If you do not need an attorney, I will tell you what to do on your own to fix your problem. If you are in over your head and need an attorney, I will tell you.
Why Choose BOB LAW?
- About half of our cases involve workers injured on the job
- Experience handling both minor injuries and devastating permanent injuries
- We only charge 25% of your settlement or recovered benefits
- Free consultation – we'll tell you honestly if you need an attorney or not
Frequently Asked Questions
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