Not Sure if you have a Workers’ Compensation claim?
(And why retain a workers’ compensation attorney?)

Workers’ Compensation claims are still being reported during the pandemic. Everyday people have accidents or incidents at work that result in varying degrees of harm. The pandemic has not changed this fact. Workers experience everything from bumps, bruises and papercuts, to life altering, or even life ending, injuries. Many of these incidents can be ignored and forgotten. Others require you take immediate action to obtain all of the benefits the law allows you. Your employer or their Workers’ Compensation Insurance carrier have an incentive to minimize case outcomes. Hence, this is a major reason to hire a workers’ compensation attorney. A workers’ compensation lawyer can help you maximize any benefits you are allowed by law.

What Constitutes A Work-Related Claim?

In order to have a claim you must have sustained some type of harm from an incident that arose out of and in the course of employment; in other words, while you were working. The first reason to consult with an experienced Worker’s Compensation attorney is to determine whether or not you have a claim. The injury you have sustained may have happened in a number of ways. Below are some examples, not a complete list, of things that can happen to you on the job:

Common Workers’ Compensation Injuries

1. Injuries from lifting patients, boxes, and on the job materials
2. Car or truck accidents while driving on the job
3. Office repetitive injuries like carpal tunnel
4. Slip and falls
5. Hearing loss from loud noises in the work environment or repetitive machinery
6. Pulmonary issues from chemical exposures
7. On the job electric shock injuries
8. Heavy construction equipment operation like boom lift machinery
9. Items or inventory falling off a shelf resulting in head or bodily injury
10. Occupational diseases resulting from exposure to asbestos

Common Professions with Workers’ Compensation Cases

1. Municipal workers such as Parks and highway department employees
2. Health care facility workers such as Nurses, Home Health Aides, and Certified Nursing Assistants (CNA’s)
3. Construction site workers
4. Trucking and transportation industry
5. Professional office workers
6. Daycare workers
7. Camp counselors
8. Retail worker in supermarkets and other stores

What Are You Entitled To If You Are Injured On the Job?

When you are injured on the job you are entitled to two types of benefits; indemnity or lost wages and medical treatment.

Lost Wages from Workers’ Compensation Injuries or Trauma

If you are out of work due to a worked related incident, and you are incapable of doing ANY job, you are entitled to two thirds of your average weekly wage (AWW) up to an annual maximum no matter how much you used to make. Your average weekly wage is usually based on the average of the 52 weeks before the accident. However, there are different formulas that are used to calculate this figure depending on whether you worked the whole year, whether you were a seasonal or part time worker, whether you had a second job, etc. The second reason to speak with a Workers’ Compensation lawyer is to make sure you have the highest possible AWW.

If you are out of work and partially disabled, you may be entitled to part of two thirds of your average weekly wage. Last, how long you are entitled to indemnity benefits depends on the type of injury, the degree of disability, and sometimes other vocational factors. The third reason to retain counsel is to make sure you receive as much money as you are legally entitled to under the law.

Medical Treatment Caused by Accidents or Work-Related Injuries

Medical treatment includes everything from the emergency room visit, to doctors’ visits and diagnostic studies, to medications and physical therapy, to surgery, and even mileage for travel to and from these medical providers. While much of the treatment you are entitled to is dictated by the Medical Treatment Guidelines (MTGs), some things are not. The fourth reason to retain an experienced Workers’ Compensation lawyer is to have an advocate that can convey and argue the necessity of your treatments. Insurance companies may deny treatment coverage recommended by your doctor if it is under MTG guidelines.

History of Workers’ Compensation Law

Workers’ Compensation programs in the United States Date back to the early 1900’s. Read about how and when Workers’ Compensation on the Social Security Office of Policy website. Contact the Long Island Office of Richard R. Rowe, P.C. for additional information about Workers’ Compensation law.