Well… we all live with our choices of elected officials. The history of workers’ compensation laws show that the slant of the law has shifted dramatically over time. In the early days, workers’ compensation was a system designed “to provide swift and sure compensation to injured workers.”
This was true since the early 1900s. Over the last ten years we’ve seen a concerted effort by business lobbying groups and the insurance industry to make the workers’ compensation laws more employer-oriented. This resulted in new laws quickly put into place in 2011.
The new laws are discussed in detail in our book, Seven Devastating Changes. This new set of workers’ compensation laws undid decades of law and court decisions and stripped injured workers of much of their rights.
Three key changes: First, your employer and the workers’ compensation adjuster can talk or write to the doctor they chose to treat you without copying you on the letter or being in on the conversation.
Second, you can be required to perform “make-work” or basically get paid to sit around and do nothing at work. Workers’ compensation adjusters love this because it gets injured workers off of weekly checks funded by the insurance company. Employers dislike it because they have to pay you full wages to do nothing of value. Rarely do employers take out their frustration on the adjuster though – the injured worker is a more likely target.
Third, and the worst, is that the legal workers’ compensation definition of “suitable employment” was gutted of its single most important element: that the pay was comparable to what you used to make.
Consider a 35-year-old, skilled mechanic who might be making $45,000.00 per year. Under the old workers’ compensation law he could be asked to take a job paying $38,000.00 or so and the adjuster would have to pay two-thirds of his wage loss for 300 weeks from the date of the injury. Under the old workers’ compensation laws the injured worker had a cushion to help him get back up to speed.
That injured worker could not be required to take a part-time, minimum wage job because that would not be “suitable” to him. This was because when the 300 weeks were up he’d likely still be far from where he was before his employer injured him.
Mind you workers’ compensation defendants tried of course! We represented a flight attendant one time that earned about $50,000.00 per year. Her vocational rehabilitation professional (someone hired by the workers’ compensation adjuster to find her a job) from CorVel instructed her to apply for jobs at fast-food restaurants because she “had experience handing out food and beverages.”
She hired us and we put a stop to that nonsense. Under the new workers’ compensation laws, however, she would have no recourse. It doesn’t matter how well trained or well-paid you are or were.
Under the 2011 workers’ compensation law you could be required to accept a part-time, minimum-wage job or risk having your benefits terminated. The workers’ compensation adjusters must’ve been laughing all the way to the bank. What to do? As workers’ compensation attorneys we’ve had a lot of success turning this system on it’s head. Call us and let us explain how.
Have you suffered work injuries that cover more than one part of your body? If so, you may be facing a complicated and confusing workers’ compensation claim process. It can be difficult to navigate the legal and medical aspects of these types of claims on your own.
But don’t worry, there is help available. In this article, we will discuss what you need to know if your work injuries cover more than one part of your body, including what benefits you may be entitled to and how to work with your employer and insurance company to get the compensation you deserve.
A multiple body part injury is when an employee sustains injuries in more than one area of their body as a result of a workplace accident. For example, if an employee falls and injures their back and wrist or if they are involved in a car accident while on the job and sustain injuries to their head and legs, they would be considered to have a multiple body part injury.
When it comes to workers’ compensation claims, multiple body part injuries can be more complicated than single body part injuries. This is because the severity of the injuries and the impact they have on the employee’s ability to work may vary from one body part to another. It’s important for the employee to provide detailed medical records and documentation to support their claim for each affected body part.
It is crucial to seek medical attention for all injured body parts, even if some injuries may seem minor or insignificant. This is because some injuries may not show symptoms immediately and can worsen over time if left untreated. Additionally, some injuries may affect other parts of the body or cause secondary injuries if not properly addressed.
For example, if you injure your shoulder and only seek medical attention for that specific area, you may not realize that the injury has caused a strain on your neck or back until later on. This can lead to further complications and longer recovery times.
Furthermore, seeking medical attention for all injured body parts is important for documentation purposes. If you are seeking workers’ compensation benefits, having a thorough medical record of all injuries sustained can strengthen your case and ensure that you receive the appropriate compensation.
In short, seeking medical attention for all injured body parts is essential for both your physical health and your legal rights. Don’t hesitate to seek medical attention even for seemingly minor injuries.
When it comes to work injuries that cover more than one part of your body, getting adequate compensation can be a challenge. One of the main challenges is proving that all of your injuries are related to your work. This can be difficult if you have pre-existing conditions or if your injuries are not immediately apparent.
Another challenge is determining the appropriate compensation for each injury. If you have multiple injuries, it can be difficult to determine how much each injury is worth. This is where it’s important to work with an experienced workers’ compensation attorney who can help you navigate the process and ensure that you receive fair compensation for all of your injuries.
In some cases, your employer or their insurance company may try to argue that some of your injuries are not work-related or that they are not as severe as you claim. This can make it even more difficult to get the compensation you deserve. Again, having an attorney on your side can be invaluable in these situations.
Overall, if you have multiple work injuries, it’s important to take the time to document all of your injuries and seek medical attention as soon as possible. You should also work with an experienced attorney who can help you navigate the complex process of getting the compensation you deserve.
If you have work injuries that cover more than one part of your body, you may be wondering if you will receive compensation for all of your injuries. The answer is yes, you should receive compensation for all of your injured body parts, as long as they were caused by your work-related accident or illness.
However, the amount of compensation you receive for each body part may vary based on the severity of the injury and the specific workers’ compensation laws in your state. It’s important to work closely with your workers’ compensation attorney to ensure that you receive the maximum amount of compensation possible for all of your injuries.
In some cases, your employer or their insurance company may dispute the extent of your injuries or argue that some of your injuries were pre-existing. If this happens, it’s important to have strong medical evidence to support your claims and to work with an experienced attorney who can help you navigate the legal process.
Overall, if you have work injuries that cover more than one part of your body, it’s important to understand your rights and again, to work with an attorney who can help you get the compensation you deserve.
Workplace injuries can happen unexpectedly and can often lead to serious consequences. Depending on the severity of the injury, some workers may require surgery to fully recover. Unfortunately, in some cases, the road to recovery can be complicated, leaving employees unsure of what to do next.
In this article, we’ll explore what to expect when a workplace injury leads to surgery, including the steps you should take to protect your health, your finances, and your legal rights.
If you’ve suffered a workplace injury that requires surgery, it’s important to take the necessary steps to ensure you receive the proper medical care and compensation. First, report your injury to your employer and seek medical attention immediately. Your employer should provide you with a list of approved doctors or medical facilities that specialize in treating workplace injuries.
Once you’ve received a diagnosis that requires surgery, inform your employer and their workers’ compensation insurance carrier. They will likely require documentation of your injury and treatment plan.
During your recovery period, you may be entitled to workers’ compensation benefits, such as medical expenses, lost wages, and disability payments. It’s important to keep detailed records of your medical bills, doctor visits, and any missed workdays to ensure you receive the maximum amount of compensation.
If you are unable to return to your job after surgery due to a workplace injury, your employer has a legal obligation to provide you with alternative work options. This may include modified duties or a different role within the company that accommodates your medical restrictions. If there are no suitable alternative work options available, you may be entitled to receive workers’ compensation benefits.
If your injury is permanent and prevents you from returning to your previous job or any other type of work, you may be eligible for permanent disability benefits. These benefits are intended to provide ongoing financial support to help you cover your living expenses and medical costs.
It’s important to seek the advice of a workers’ compensation attorney if you are unable to return to work after surgery due to a workplace injury. They can help you understand your legal rights and guide you through the process of obtaining the benefits you are entitled to.
If you’ve been injured on the job and have been told that you need surgery to recover, it can be devastating to learn that your employer or insurance carrier is refusing to cover the cost of the procedure. But what are your options in this situation?
First, it’s important to understand why they may be refusing to pay. It could be due to a disagreement about the cause of the injury or whether the surgery is necessary. It’s important to gather all medical records and documentation to support your case and ensure that you have a clear understanding of your rights and your employer’s obligations under the law.
If your employer or insurance carrier is still refusing to cover the cost of the surgery, you may need to consider legal action. This could involve filing a workers’ compensation claim or a personal injury lawsuit. It’s important to consult with an experienced attorney who can help you navigate the legal process and advocate for your rights.
Another option is to seek assistance from state agencies or advocacy groups that specialize in workplace injuries. They may be able to provide resources and support to help you fight for the coverage you deserve.
Ultimately, it’s important to take action and not give up. Your health and well-being are too important to ignore, and there are options available to help you get the care you need.
The whole experience of having to undergo surgery can be frustrating, confusing and nerve-racking, and all you are trying to do is get better and return to work. When a surgical recommendation is on the table, it is important to know your rights.
Workplace injuries can happen to anyone, at any time. Whether you work in construction, retail, or an office, you are at risk of getting hurt at work. And when that happens, it can be overwhelming to figure out what to do next.
In this article, we’ll walk you through the steps you should take if you’ve been hurt at work, from reporting the injury to your employer to filing a workers’ compensation claim. By following these steps, you can protect your rights and ensure that you receive the care and support you need to heal.
If you work in South Carolina and have suffered a work injury, you might be concerned about what you need to do to ensure that you’re being taken care of and that you’re receiving the benefits you need for a safe and speedy recovery. Don’t panic! There are two important steps that you must follow:
The absolute first thing you need to do when hurt on the job is to inform your employer of the injury. The best policy is to make sure that there is physical documentation of your injury. File an accident report if you can. If your claim is related to an occupational disease be sure to keep evidence of doctors notes. You have 90 days from your accident or diagnosis to report your injury to your employer.
The next step is to file a claim. You have two years to file a claim for workers’ compensation; however, we generally recommend filing sooner rather than later. You don’t want to find yourself coming up against deadlines. In the event of the death of the injured employee their dependents (or parents if there are no dependents) are responsible for filing the claim.
Following the proper steps after being hurt at work is crucial for a number of reasons. Firstly, it ensures that you receive the medical attention you need as soon as possible. Delaying medical treatment can worsen your injuries and lead to long-term health problems. By following the steps, you can also ensure that you receive proper compensation for any medical bills, lost wages, or other damages resulting from the accident.
Secondly, following the steps is important for legal reasons. If you plan on filing a workers’ compensation claim or pursuing legal action against your employer, you will need to have documentation of the incident and the steps you took afterwards. This will help to establish a clear timeline of events and provide evidence to support your case.
Finally, following the steps can also help to prevent future accidents and injuries in the workplace. By reporting the incident and working with your employer to address the root cause of the accident, you can help to create a safer work environment for yourself and your colleagues.
Overall, following the proper steps after being hurt at work is essential for your health, your legal rights, and the safety of everyone in the workplace.
If you are unable to follow through the steps of reporting your injury and filing a claim, you may need to seek assistance. This could include reaching out to a workers’ compensation attorney or a union representative if you are a member of a union.
It’s important to remember that you have rights as an injured worker and there are resources available to help you navigate the process. Don’t be afraid to ask for help and advocate for yourself to ensure you receive the compensation and medical care you deserve.
If you’ve been hurt at work, you may be wondering if you should get the help of an attorney. The short answer is yes, you should. Here’s why:
First, an attorney can help you navigate the complicated legal process of filing a workers’ compensation claim. They can help you fill out the necessary paperwork, gather evidence, and negotiate with insurance companies to ensure that you receive the maximum compensation you’re entitled to.
Second, an attorney can help you understand your rights as an employee. They can explain the laws and regulations that protect you from retaliation or discrimination for filing a workers’ compensation claim. They can also help you understand the potential consequences of not filing a claim, such as losing your job or being denied medical treatment.
Third, an attorney can represent you in court if your claim is denied or disputed. They can argue your case in front of a judge and help you appeal any unfavorable decisions.
Overall, getting the help of an attorney is a smart decision if you’ve been hurt at work. They can provide you with the legal expertise and support you need to get the compensation and justice you deserve.
If you have any questions about filing a claim or reporting your injury, don’t hesitate to contact an attorney. Oxner + Permar has the experience to guide you and make sure that you are taking the right steps to receive your workers’ comp benefits.
Sustaining an injury while on the job is a traumatic experience. Not only are you dealing with physical pain and recovery, but you may also be facing financial strain due to lost wages and medical bills. When you file a workers’ compensation claim, you expect to receive the benefits you’re entitled to. But what happens when you also go through pain and suffering? Will you be compensated for pain and suffering under workers’ compensation?
In this article, we’ll take a closer look at what pain and suffering means in the context of workers’ compensation claims and whether or not you may be eligible to receive these types of damages.
In general, pain and suffering refers to the physical and emotional distress that you experience as a result of your injury. This can include things like chronic pain, anxiety, depression, and loss of enjoyment of life. These are all very real and tangible consequences of a workplace injury, and they can have a significant impact on your quality of life.
Proving pain and suffering in a workers’ compensation claim can be challenging. Unlike physical injuries, pain and suffering are subjective and difficult to quantify. It can be especially challenging if you don’t have any visible physical injuries, which can make it hard for others to understand the extent of your pain and suffering.
Another challenge is that insurance companies often try to downplay the severity of your pain and suffering. They may argue that your pain is not related to your work injury or that it is not as severe as you claim. This can be frustrating and emotionally draining, especially if you are already dealing with the physical and emotional effects of your injury.
To prove pain and suffering in a workers’ compensation claim, you will need to provide evidence that supports your claim. This may include medical records, witness statements, and personal testimony. It is also important to document the impact of your pain and suffering on your daily life, such as your ability to work, engage in activities you enjoy, and maintain relationships with friends and family.
We hear this question all of the time, and we understand our clients’ frustrations. When you’re injured on the job, it doesn’t take long for concerns to mount. You’re in pain. Out of work. You need treatment. And to top it all off, you feel like no one is on your side. When your employer and the insurance company aren’t cooperating and supporting you to the fullest extent of the law, it’s like putting salt on your already painful wound.
Unfortunately, workers do not get payment for pain and suffering under the workers’ compensation laws. The purpose behind the Workers’ Comp Act was to make sure that injured workers received prompt medical treatment and benefits without having to wait until the end of their case. In order to make this happen there had to be a trade off, and the trade off limits what the employee can get from the employer by allowing the employee to be compensated for medical benefits and wage loss—only.
While you won’t be able to get money for pain and suffering, keep in mind that workers’ compensation is set up the way it is because of its ultimate goal: to make sure employees get the medical compensation and payment of wage loss much more quickly than in years’ past, and in time to make a real difference.
It is crucial to hire an experienced attorney when dealing with a situation where you have been put through the ringer by your employer and insurance company. The reason for this is simple – an experienced attorney has the knowledge and expertise to handle your case and ensure that you receive the compensation you deserve for your pain and suffering.
Without an experienced attorney on your side, you may struggle to receive the compensation you deserve. Insurance companies are notorious for offering low settlements, and without someone to fight for your rights, you could end up settling for less than you deserve. An experienced attorney can help you negotiate a fair settlement or take your case to court if necessary.
