Workers’ Compensation

We know accidents can happen in the workplace.

Our attorneys have been handling these cases for 25 years. Since 1995, our firm has served thousands of satisfied Workers’ Compensation clients and that number is constantly growing. In fact, we find that insurance companies are denying more claims than ever before, while also attempting to pay out less!

With a phone call to our firm and a free consultation, we can help you understand your rights.

Most cases are handled on a contingency basis with no fees or costs unless and until we recover. Insurance companies are not required to educate you or offer you a fair amount to settle your case.

Due to the complicated and peculiar laws of workers’ compensation, it is important to have an advocate for you in the workers’ compensation system – otherwise you may never know whether you have obtained all the benefits provided under the law.

We have handled almost every conceivable type of injury at one time or another.

Five Things You Should Know If You Are Hurt At Work

There was a time in this country when a work-related injury could entail hiring workers’ compensation lawyers to sue your employer for the cost of your medical care. Eventually, states changed their laws to force employers to carry workers’ compensation insurance to cover the expenses of caring for workers who are hurt at work without making them resort to the courts. In exchange for making it easier for workers to get medical treatment, the laws protect employers against lawsuits by their injured employees.

Most employees are covered by workers’ compensation

Workers’ compensation cases can be filed by virtually all employees working at full- or part-time jobs for which they receive compensation. Some states exclude individuals employed by the federal government from coverage under state programs. States frequently also exclude independent contractors, volunteers, farmers and their family members working on a family farm, and business owners.

Benefits available to those hurt at work

If you are hurt at work through an accident or work-related illness, you are entitled to file a claim for benefits. Benefits generally include the following:

.   Medical treatment

.   Lost wages

.   Rehabilitation costs

.   Disability payments

.   Death benefits to a worker’s survivors

Under most state compensation programs, employers may designate the health care provider that injured workers must go to when they are hurt at work. The lost earnings benefit is usually two-thirds of the individual’s average salary for time lost from work due to the injury or illness, but this can vary from one state to another.

Injured workers retain the right to sue third parties

Employees who file workers’ compensation cases cannot sue their employer, but they retain the right to sue third parties who might have contributed to the incident that caused their injuries. For example, a factory worker injured while operating a piece of machinery must file a claim for workers’ compensation benefits instead of suing the employer. The worker retains the right to sue the company that produced the machine if it can be proven that it was defective.

You cannot be fired or retaliated against for filing a claim

Your employer cannot retaliate against you for filing a workers’ compensation claim. Most state laws prohibit firing, demotion or other adverse action against you by your employer. If you believe you have been subjected to retaliation, you should contact your state’s workers’ compensation agency.

You must immediately report an accident or illness to your employer

If you are hurt at work, you must report it to your employer right away. Illnesses, such as those caused by inhaling toxic fumes or substances in the work environment, must be reported as soon as you have symptoms and believe they might be related to the work you do.

A workers’ compensation attorney is a good source of information, legal advice and guidance if you have suffered an injury or illness related to your job. Some conditions, such as carpal tunnel and other repetitive stress injuries, might not appear to be work related, but an attorney can review the facts with you to determine if you can file a claim for benefits.

Some of the types of workers’ compensation cases we have handled include:

  • Death claims for beneficiaries and dependents
  • Injuries/surgery to the Spine:
    • Neck (Cervical)
    • Middle Back (Thoracic)
    • Lower Back (Lumbar)
    • Herniated, bulging, and protruding discs
    • Fractured Vertebrae
    • Strains and Sprains
    • Radiculopathy (radiating nerve pain)
    • Nerve damage
    • Foot drop
    • Myelogram, MRI, Discectomy, Fusion Surgery, Internal Reduction
  • Injuries/surgery to the legs, feet, toes, hip, knee, ankle
    • Fractured femur, patella, fibula, tibia, foot, heel, toes
    • Pelvis, femoral head, Avascular Necrosis (AVN), foot drop
    • Nerve entrapment
    • Nerve conduction studies
    • Arthroscopy
    • Hip replacement
    • Torn tendons, ligaments, ACL, MCL, knee replacement
  • Injuries/surgery to the arm, shoulder, hand, fingers, wrist, elbow
    • Cubital tunnel syndrome, ulna nerve entrapment, repetitive trauma, lateral epicondylitis
    • Torn biceps, muscles
    • Fractured humerus, ulna, radius, scapula
    • Tendonitis, tendinopathy, bursitis
    • Strains and Sprains
    • Arthroscopy
    • Shoulder replacement
    • Amputations
    • Dupuytren’s Contracture
    • Torn Rotator Cuff, frozen shoulder, dislocated shoulder
  • Occupational disease cases
    • Radiation exposure
    • Lung diseases
      • Byssinosis (Brown Lung in textile industry)
      • Hypersenstitivity pneumonitis
      • Asbestosis
      • Cryptococcus or Psittacosis – Inhalation of bird droppings
    • Psychological
      • Psychological Post Traumatic Stress Disorder (PTSD)
      • Depression
      • Anxiety

Other conditions we have handled:

  • Vision loss
  • Hearing loss
  • Speech impairment
  • Olfactory nerve loss
  • Incontinence
  • Paralysis Complex Regional Pain Syndrome (CRPS)
  • Reflex sympathetic dystrophy (RSD)
  • Infection
  • MRSA
  • Osteomyelitis Brain Injury
  • Closed head injury
  • Subdural hematoma
  • Scarring and disfigurement

Workers’ Compensation covers the following:

  • Medical care related to the accident or injury.
  • Wages lost while you are unable to work.
  • Permanent disability. Disfigurement, physical impairment and loss of limbs.
  • Reimbursement for certain mileage costs relating to your doctor visits or traveling to get your prescriptions.
  • Death benefits.