The idea of going to court for workers’ compensation claim can be incredibly stressful. But don’t worry. Your attorney will do their best to prepare you and help you through the situation. There are many reasons you might require a hearing. For example, your claim may have been partially or entirely denied. In either instance, here are some tips for what to do when making an appearance in court.
Because you never know how things will play out, it’s always best to listen to your attorney. Don’t be afraid to ask questions. They handle workers’ comp cases everyday, so they know what to expect and the best course of action to take.
In our current political climate, it’s a particularly scary time in the United States for immigrants. With tightening laws and crackdowns on immigration, many people are concerned about their status and residency. With this, what should you do in an immigration emergency?
While we do not handle immigration law, we’ve reached out to an immigration attorney for advice on what to do if you’re confronted about your immigration status as well as ways to protect yourself and your loved ones should your residency status ever be questioned.
Have you been diagnosed with an occupational disease? Do you think your employer is responsible for the illness or injury? Knowing the Statute of Limitations on occupational diseases is an important step when filing a claim against your employer. When seeking compensation, it determines how long you have to file your claim and whether it will still be valid if you wait too long.
In this article, we’ll explain the Statute of Limitations on occupational diseases, what kinds of injuries and illnesses are covered, and how to increase your chance at success if you decide to pursue legal action.
When you have an accident at work, knowing when to file an accident report is simple — you should file as soon after your accident as possible, but at the latest 30 days from the accident. This will ensure that there’s an account of your accident in the records and help prove to the insurance company that there is a need for workers’ compensation coverage.
Keep in mind, workers’ compensation doesn’t cover just accidents; it also covers occupational diseases. The big difference here is that it can be difficult to pinpoint the exact time when the disease first develops. There is a time limit on how long after your disease develops, so it’s important to file for workers’ compensation as soon as you can.
For instance, there was a case in 2012 in which an automotive mechanic assistant visited his doctor with complaints of shoulder pain that was initially diagnosed in 2000. The doctor diagnosed him with severe osteoarthritis, most likely a result of his job, which required frequent use of his arms and shoulders. He was advised that his shoulder might need to be replaced and that he should modify his work in order not to further damage his shoulder.
However, the mechanic continued to work until his retirement in 2009 despite the persistent pain. He often needed his co-workers to complete certain tasks. It was his shoulder pain that caused him to retire.
In 2012, the mechanic visited a doctor for his shoulder pain and was told that he had developed end-stage arthritis in his left shoulder and that it required surgery. So he followed the doctor’s orders and underwent surgery to replace his shoulder at the beginning of November. By the end of the month, he filed for workers’ compensation.
Despite the fact that he had developed this condition as a result of the normal duties of his job, the court dismissed his claim because he had waited too long to make his claim. There is a two-year statute of limitation on worker’s comp cases. The good news is that that two years generally begins after your first diagnosis.
If the mechanic had filed for workers’ compensation in 2000 when he received his first diagnosis, it’s likely he would have been covered by workers’ compensation. That’s why if you develop any sort of condition due to your work, it’s important that you file for workers’ comp as soon as you get the diagnosis.
We’ve spoken with clients who said they were nervous about contacting an attorney because they didn’t know if their case fit into the kinds of cases we typically take on. The truth is, we represent all kinds of workers’ comp cases. In order to give you an idea of what kinds of cases we handle, we will share one that we’re working on now wherein a client got hurt while traveling for work.
We have a client who was traveling for work out of state — he travels for the company whenever there is a need for temporary drivers. The trip required an overnight stay, so his company put him up in a less than clean hotel room. While unpacking his suitcase, he stubbed his toe on the bed frame.
Stubbing your toe is never fun, but things went from bad to worse when my client’s toe injury developed an infection. As a result his big toe ultimately required amputation. Naturally, our client filed for workers’ compensation; however, his claim was denied.
Now we’re currently working with him and waiting on a hearing. However, unfortunately for our client, in the time that we’ve been waiting, he developed an infection at the amputation site and has now lost his leg from the knee down. Our client deserves compensation for the medical treatment and medication that he’s received. We’re fighting to ensure that his rights are protected.
Returning to work after sustaining a work injury isn’t necessarily a cut-and-dry process. Every person heals at their own pace and depending on the extent of your injury, you may need more time than someone else. In many cases though, in order to continue receiving benefits you will need to return to work. This can be troublesome for some people, especially since workers’ comp law does not require that you’re pain-free or symptom-free prior to returning to work. However, you should make sure to check with your physician when returning to work.
Keep this in mind: While you might have to return to work, you may not have to return to the exact job you were working on before your injury. If you’re still suffering from pain or other symptoms, there’s a good chance your physician has placed workplace restrictions on you. This means you will need to be given work that does not aggravate your injuries.
If your employer is willing to accommodate your restrictions, it’s important to discuss the details of your new job description with your physician. That way they can determine whether or not you are fit for that kind of work.
In many situations, your employer will be required to provide a formal job description for your doctor to approve before you can return to work. This will help ensure that you will continue to recover and not make your injuries worse after returning to your job. Working with your doctor and employer will help your transition back into the workplace go as smoothly as possible.
