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Workers’ Compensation

By: Michael O’Connor

All too often, the security of your job and your family can come to an abrupt halt when injured while working. That is the very reason workers’ compensation exists – to help those workers who sustain an injury or a disease while on the job. Workers’ compensation benefits may provide replacement income, medical expenses, and sometimes vocational rehabilitation benefits, such as on-the-job training, schooling, or job placement assistance. You don’t have to navigate the system alone – our team of professional lawyers is ready to stand up for your rights. Please click here for more workers’ compensation information.

The impact of a workers’ compensation claim goes far beyond hospital and doctor bills. It can also result in lost earnings, benefits and the ability to live as you once did. The best course of action is to seek an experienced workers’ compensation lawyer as soon as an injury occurs or as soon as you become aware of a workers’ compensation situation, such as diagnosis of a disease related to your workplace. Laws and regulation may have time limits for action; you could lose your rights by waiting.

O’Connor Law represents injured workers obtaining workers’ compensation benefits, as well as defending against insurance companies attempting to terminate, suspend or modify lost wage benefits. We also represent injured workers who are not currently in litigation and negotiate lump sum settlements.

Whether you’ve been injured at work before or this is your first injury, you may have questions. We have compiled a list of the most common questions and hope they will answer some of your concerns.

Benefits

Medical Benefits: Workers’ compensation insurance carrier covers reasonable and necessary medical expenses.
Lost Wage Benefits: You may be eligible for benefits if your physician restricts you from work for a period of 7 or more days. However, you must be off work for 14 days to receive benefits for the initial 7 days off. Lost wage benefits can be for total disability benefits, if you’re restricted from work entirely. If you have returned to work with a loss of earnings, benefits can be partial. In such a case, you are entitled to 2/3 of the difference between your pre- and post-injury wages.
Specific Loss Benefits: You may be eligible for specific loss benefits if your injury resulted in the loss of hearing, vision, use of limb, or scarring and disfigurement of the hand, neck or face.

Eligibility

You may be eligible for benefits if you are injured on the job or aggravate a pre-existing condition as a result of your normal, assigned job-related duties.

Notice

Under the Workers’ Compensation Act you must give your employer notice that you suffered a work injury within 120 days from the date you became aware that your injury is work related. If your employer refuses to allow you to file an injury report, you should immediately consult a workers’ compensation lawyer to file a claim petition.

Filing a Claim

You have three years from the date of injury to file a claim petition, however, the longer you wait, the more difficult it may be to prove your case.

Medical Treatment

If your employer has a list of approved physicians, you are required to treat with the company doctor for the first 90 days after the first doctor’s visit. If you treat with any other doctors during this time, the insurance company may not be required to pay the bills. After the first 90 days, or if your employer does not have a panel of doctors, you may treat with a physician of your choice.

Signing Forms

Employee Verification Form: You must complete and return this form within 30 days of receipt or your right to receive benefits will be jeopardized

Final Receipt: Do not sign this form unless you are fully recovered from your injury. It is best to consult with an attorney before signing this form as it severely affects your future rights to benefits.

Supplemental Agreement: This form may also drastically affect your rights to ongoing benefits. Consult with an attorney before signing this document.

The team at O’Connor Law is ready to begin tackling your legal problem today. Email or Call our toll free number at (800) 518-4LAW for a free initial consultation and review of your case.

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