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Workers Compensation Lawyer

Laws require employers to carry a form of no-fault insurance that provides compensation for employees who experience job-related injuries or illnesses. Workers compensation benefits, however, are not automatic. A worker might discover that his or her claim has been denied, or that the benefits offered by the employer’s insurance company fall short of what is needed to replace lost salary and to fully reimburse the employee’s medical costs and expenses. 

If you are experiencing these or other problems with a workers comp claim, the Legal Helpers will connect you with a workers compensation lawyer who will challenge the insurance company and fight to get you the maximum benefits that may be available under the law.

What Is Workers Compensation?

An employee who suffers an injury or illness as a result of his or her performance of job-related duties will generally have a claim to recover workers compensation benefits regardless of whether the employer, the employee, or a co-worker caused the injury or illness. The limits and available benefits vary from state to state, but those benefits will be available regardless of fault. 

A lawyer in your state will be best able to describe the specific benefits that are provided under your state’s laws. Even with state-to-state variations, a few threads are common to workers compensation claims:  

  • You do not necessarily need to be injured at your workplace to be covered. As long as you are performing tasks that are work-related, injuries or illnesses that you experience while you are traveling or when you are at work-related functions will likely be covered by workers compensation insurance. A workers comp attorney is your best resource and advocate if your claim is denied because the insurer believes that you were not performing work-related duties.
  • Workers compensation benefits include both medical and disability payments. Workers comp benefits will reimburse you for your medical bills, and also provide disability benefits, generally up to two-thirds of your regular wages. Depending on where you live, you may also be entitled to receive compensation for rehabilitation and occupational therapy services.
  • Certain injuries and illnesses will be excluded from coverage. Your claim might be denied if the insurer determines that your injuries were self-inflicted, or that you were violating company policies when you were injured.
  • The insurer will likely require you to have a medical examination by a physician that is in the insurer’s network. This can set up a potential conflict of interest, in that the insurance company is paying the fees for the doctor who determines if you are entitled to workers compensation benefits. A workers compensation attorney can advise you on how you can submit your own doctor’s report and on how to challenge a report from the physician that the insurer requires you to see.

Can You Seek Workers Compensation Benefits and Also File a Personal Injury Lawsuit?

In most cases, your employer will be insulated from a lawsuit claiming damages for your work-related personal injuries. Workers' compensation laws require employees to give up their right to sue in exchange for not having to prove fault when they file a claim for benefits.

Under limited circumstances, a worker may have a cause of action and a legitimate right to sue an at-fault employer. Those circumstances include:

  • An employer intentionally injures an employee or is grossly negligent or reckless
  • An employer fails to carry adequate workers compensation insurance
  • Third parties caused the injury

The employee will have to prove that the employer or the other party caused his or her injuries. If the employee can prove that the employer is at fault, he or she will then be able to recover compensation for loss of consortium, pain and suffering, and other types of damages that are not available through workers compensation benefits.   

Find a Workers Compensation Lawyer Near You

The Legal Helpers will connect you with a knowledgeable and experienced workers compensation attorney in your community to help you with your claim. We’ll help you find a lawyer you can trust to fight for the maximum benefits that you are entitled to receive under your state’s laws.

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