When a person gets injured on the job, a workers compensation claim can often be filed. The workers compensation system was created to help injured workers get fair compensation for injuries that were suffered on the job. But it’s not for all injuries. workers compensation is not intended to pay employees for getting hurt while “horsing around” or doing things that their employers didn’t ask or expect them to do. So, the injury must “arise out of” and occur “during the course of” the employment. But this is not as simple as it sounds. Many times, the workers compensation lawyer will have to argue, fight and negotiate with the employer’s workers compensation insurance company to get the proper benefits and monetary compensation.
The first important thing to know is that even though the employer may start to pay money to the injured person, it doesn’t mean that they have really filed a workers compensation case. As a matter of fact, it’s almost never true. The injured worker needs to make sure that the “application for adjustment of claim” and other papers are properly filed in the right place, within certain time limitations. If these documents are not properly filed, all legal rights may be lost. An experienced workers compensation attorney knows how to quickly get the right papers filed in the right place.
Once the workers compensation case has been correctly filed, the attorney will begin to negotiate with the employer’s insurance company. The workers compensation lawyer will make sure that all benefits (known as TTD, TPD, PPD,and PTD) are paid to the worker. Depending on whether the injury is permanent, temporary, partial or total, the monetary benefits may vary greatly. Benefits also depend on what the workers wages were and a great many other criteria.
Especially because the computation of these benefits is very complicated, it is very easy for an insurance company to try to get away with paying the injured worker an unfair dollar amount. But that’s where a skilled workers compensation lawyer comes in. The attorney will make sure that the injured worker gets paid for lost time from work and that all medical expenses are fully paid. Once the employee is well again (or once his/her condition is stabilized so that medical professionals can be clear about the future), then the workers compensation lawyer will negotiate a settlement for the highest dollar amount allowed by the law.
If the insurance company is unreasonable in their dollar offer, then the skilled workers comp attorney will suggest that the case go to mediation at the Industrial Commission, which is similar to a trial. Depending on the nature of the injury, how it happened, and the injured workers prognosis for recovery, a workers compensation case can be very quick, or it may take years. But the fees that a workers compensation law firm charges will not change. If there is no monetary recovery, there will be no charge. And if the attorney is successful, the fee will still be a low percentage, regardless of how long the case takes.
There are a wide range of injuries that can be covered under the workers compensation system, including carpal tunnel, neck/back/spine injuries, psychiatric injuries and occupational diseases. An experience workers comp attorney knows how to offer representation for any of these injuries and the best ways to negotiate with the insurer to get the maximum financial settlement for the client. The workers Compensation system is there for the protection of the injured worker. When navigated properly by a skilled lawyer, fair and reasonable benefits can be obtained to help get the injured employee back on their feet and to secure the maximum monetary settlement for the future.
