Death benefits for a worker who loses his or her life on the job are something many of us take for granted. Hundreds of thousands of families would be destitute if the company their loved one worked for was not held liable. But what happens when a worker’s family is found to be not eligible for workers’ compensation death benefits?
The truth of the matter is, the American justice system is designed to be fair. I know when you’re dealing with a workers’ compensation claim, the system can seem stacked against you — particularly when it comes to red tape and negotiating with insurance carriers. It can be easy to lose sight of the fact that, ultimately, the law is in place to make sure that those in need of workers’ comp benefits are paid.
Unfortunately, sometimes the eligibility of a workers’ compensation beneficiary is called into question. Take, for instance, a case from last summer. The husband had died in a work-related accident, and under normal circumstances, his wife would be eligible for workers’ compensation death benefits.
However, the man’s wife hadn’t lived with him in seven years. If she had not been living with him, but was financially dependent on him, then she would have been eligible. As it was, he hadn’t been giving her any financial support.
You might think that the fact that she had not been living with him or financially dependent on him could be enough to make her ineligible. However, the court took one more thing into consideration. They looked into whether he had been abusive to his wife in their relationship and if she was possibly forced into not living with him. The court found no evidence of abuse, and, therefore, determined that she was not eligible to receive workers’ compensation benefits on his behalf.
In this instance, the court made a good, fair call. However, this doesn’t always happen. Sometimes there are mistakes, or the court neglects to take variables into consideration. This is why it’s a good idea to have an experienced attorney on your side — someone who understands the law and knows whether you’re being treated fairly.
When an employee is injured at work, we always tell our clients that they should file a claim with their employer as soon as possible. However, if you work for a temporary agency you might be wondering, how does that work for me? Can I file a workers’ comp claim if I work for a temporary work agency?
When clients ask me this, my response is “Yes!” You absolutely can still file a workers’ comp claim if you work for a temp agency. Under the NC Workers’ Comp Act, you are entitled to benefits.
Generally, claims are still filed in the same way a permanent employee would; however, the key difference is that you are filing a claim against the temporary work agency and the insurance company, not the contracted employer.
If you are injured as a temporary employee then you must inform both your temporary work agency and the employer you are doing work for. For instance, let’s say you’re employed by ABC Staffing Agency, and they place you at Bob’s Truck Shop. You begin work there and things are going well, but one day an accident occurs and you break your arm. You must file an incident report detailing the accident and your injury with both Bob’s Truck Shop and ABC Staffing Agency.
If you work for a temporary staffing agency and are injured while on the job, you have rights and may be entitled to benefits. At Oxner+Permar, we have experience working with all kinds of employees, and we’re dedicated to making sure that you receive the settlement that you deserve.
It may seem unfair, but insurance carriers have a lot of say in your workers’ compensation claim — especially when it comes to determining your doctor. In a workers’ compensation case, the insurance carrier gets to select your doctor. This makes many people uneasy. The insurance carrier will use the doctor’s evaluation to determine how much they will pay you in benefits. How can you trust that this doctor isn’t siding with the insurance company to downplay your injuries? And if you have doubts about the doctor, you may ask, “am I entitled to a second opinion?”
Or maybe you just want to know whether there are other additional treatment recommendations out there that could help relieve your pain or lessen your disability. Fortunately, in the State of South Carolina, you have the right to seek a second opinion from the doctor of your choosing. If you are dissatisfied with your first evaluation, you should appeal to the insurance company for a second opinion.
In some cases, the insurance company may not agree to grant a second opinion. However, your insurance company does not have final say on the matter. If they refuse, you can appeal to the South Carolina Workers’ Compensation Commission. In most cases they will order the insurance company to provide you with a second opinion.
Sometimes it can feel like the insurance companies have all the power and that you’re fighting an uphill battle the whole way. But there are people who have your back and are there to support you. The Workers’ Compensation Commission wants to make sure that your case is being handled fairly. Many doctors have their patients’ best interests at heart and want you to recover as quickly and fully as possible. But honestly, one of your greatest assets is an experienced attorney.
Having an attorney on your side who not only understands the law, but has experience dealing with insurance companies is someone who truly has your back. We can evaluate your situation and know when you’re being treated fairly, and when you need to take action. At Oxner + Permar, we’re passionate about standing up for our clients. Make sure you have someone who’s willing to stand up for you.
Now here’s a dilemma for you: You go on a mandatory work-related trip to a conference. As part of this conference, a laser tag event is hosted by the conference. Your participation in this laser tag event will be beneficial for business connections and is encouraged by your employer, so you decide to join in. You’re having a great time running around and shooting at your business partners and competitors. It’s all fun and games — until you injure your knee. The question becomes: Can you file for workers’ compensation under these circumstances? Can a laser tag injury be covered under workers‘ compensation?
This is exactly the scenario in which one North Carolina man found himself. His injury had cost him both on medical care expenses and on his time off from work. Because his injury had occurred during a company event, he believed that workers’ compensation should cover him. The insurance company did not agree.
When brought before the North Carolina Court of Appeals last year, the court ruled in favor of the injured worker. The court felt that the case met its six criteria for determining compensation for work-sponsored recreational activities. These criteria all determine whether the event truly was mandatory, and to what extent the event was supported by the employer.
As you can see, not everything with workers’ compensation is cut and dry. There can be a lot of room for interpretation and debate. If you find yourself injured at work, don’t hesitate to contact one of our experienced attorneys. At Oxner + Permar, we are passionate about exploring possibilities and options with our clients so that we can find the best solution for you. We’re not afraid to fight for your rights.
So you’ve been injured at work. You’ve got your weekly benefits agreed upon. So what’s next? Is that all the money you’ll receive? After treatment is complete do you get a settlement?
A settlement is a negotiated agreement between an injured worker and their employer or the insurance company that provides workers’ compensation coverage. The settlement typically involves a lump sum payment to the injured worker in exchange for them waiving any further rights to pursue legal action against their employer or the insurance company. This lump sum payment is meant to cover all of the costs associated with the injury, including medical bills, lost wages, and in some cases, ongoing treatment needs. For people asking things like “how much is a soft tissue injury worth” or whether a pain and suffering calculator is accurate, this is where the real-life number actually gets decided, not on an online form.
Not always but in many cases, yes, settlement is discussed after you reach maximum medical improvement (MMI) or your doctor says you’re as good as you’re going to get. Insurers like to wait until they can see:
That’s because all of these affect value. It’s the same reason someone googling 3 herniated disc settlement or how much is 2 herniated disc settlement won’t get a reliable dollar figure online: the insurer wants your medical records, your wages, and your restrictions.
So the better way to put it is:
“In many workers’ compensation claims, you can negotiate a settlement once treatment is complete or you reach MMI, especially if there is permanent impairment or future medical.”
If your doctor orders additional care, such as injections, that can sometimes support a stronger number. People often ask how much does steroid injection increases settlement in Illinois. The honest answer is: it doesn’t raise it by a fixed amount, but documented, doctor-directed treatment can help show the insurer that your claim has ongoing value.
Being injured at work can create costs beyond the doctor’s bill. You may:
If you can’t go back to your old role, your lawyer can argue for money that reflects those limitations. This is especially relevant when you have multi-level spinal issues, like a back injury settlement without surgery or a herniated disc settlement without surgery, because the insurer may try to value it like a minor strain. Documented restrictions, MRIs and specialist opinions all help.
Attending approved workers’ comp physical therapy during work hours also shows the injury is still affecting your ability to do your job. That does not automatically increase the settlement, but it gives your lawyer better evidence to negotiate with.
The length of time it takes to claim a settlement depends on the complexity of your case and the amount of evidence you have to support your claim. Generally, it can take anywhere from a few weeks to several months for a settlement to be reached. Your lawyer will work with you throughout the process to ensure that your rights are protected and that you receive the compensation you deserve. It’s important to be patient and work with your lawyer to ensure that you receive the best possible outcome.
When you file for workers’ compensation, you are given a rating, and you are entitled to the value of that rating. However, just because you receive the same rating as someone else doesn’t mean that you’re going to receive the same settlement that they did. Every case is evaluated independently because the circumstances of your injury are specific to your case.
Settlements will range based on the value of your claim. Many factors will be taken into consideration when deciding your settlement, such as how you were injured, how severe your injury is, and the amount of work you’ve had to miss.
If you don’t get a settlement, you may be able to pursue legal action against your employer or the insurance company. This is a complicated process, and it’s important to have an experienced lawyer on your side. Your lawyer can help you understand your rights and determine if you have a case. They can also help you negotiate a fair settlement if one is available.
Yes, especially where there’s a spine injury, multiple levels, or an IME that downplays your symptoms. A good workers’ compensation lawyer can:
Don’t let the insurance company tell you your herniated disc settlement without surgery is “low” just because you didn’t have an operation. Conservative treatment can still prove impairment.
