When you have been injured on the job…
Are you sure you are receiving the proper medical benefits?
Is the insurance company really looking out for your well being?
What happens next?
How does the system work?
By handling your case without the help of a workers’ compensation lawyer, you may be taking a huge risk. If you are injured on the job, do not be afraid to ask for help.
We currently handle Workers’ Compensation claims at our BURG SIMPSON ARIZONA, BURG SIMPSON COLORADO, and BURG SIMPSON WYOMING locations.
What Is Workers’ Compensation?
Workers’ compensation is a social safety net that states began implementing decades ago to protect both employers and employees when someone gets hurt on the job. In most cases, employees can file a workers’ comp claim after a work accident leaves them injured. But there is a long and winding road between the initial claim and earning full benefits. A Burg Simpson workers’ comp attorney has the experience and focus to help you navigate the road.
Thousands of people are injured on the job every year, many as a result of overexertion or falling. If you have been injured at work, it’s important to contact an experienced workers’ comp attorney and not try to handle your claim on your own.
What Is Your Case Worth?
There are several factors that must be considered by any workers’ compensation lawyer when evaluating a case. The types of damages that can be recovered include economic, non-economic, and sometimes even punitive damages. The only way to gain a fair and honest assessment of your case is for your attorney to discuss it with you in detail and apply relevant laws to ensure full benefits.
It is also important to know that if we take your case, you do not have to pay anything upfront. We only get paid if your claim is successful.
Common Misconceptions about Workers’ Compensation
Although it may seem straightforward that you would be eligible for compensation following a work injury, the workers’ comp system is deceptively complex. If you try to handle your claim on your own, you may unknowingly jeopardize your chances of success. Here is a brief list of the most critical mistakes:
- Not reporting the injury. The injury needs to be reported in writing within four days.
- Telling your doctor or employer everything. You should report every injury and subsequent symptom that came from the accident, but you are not required to disclose more than this.
- Not going to your employer’s authorized medical provider. If it is an emergency, you are not required to see this provider. However, if it is not an emergency, you must see your employer’s designated doctor.
- If advised, you have to submit to treatment and/or surgery. You have the right to ask questions, get second opinions, and even refuse surgery without risking your claim.
- You have to pay whatever the authorized health care provider tells you. It is inappropriate for the provider to charge you for medical treatment.
Seeking medical treatment for your injury is just the beginning of the workers’ compensation process. Speak with an experienced workers’ comp attorney who can help determine your best course of action while protecting your rights.
Who Will Pay My Medical Bills?
No matter what anyone says, your employer’s insurance carrier is responsible to pay “all authorized, reasonable, necessary, and related medical expenses” that result from your injury. This can include exams, surgical procedures, therapies, aftercare, and hospitalization, among other things.
If your injury leaves you in need of immediate medical attention, do not wait. Go to the nearest hospital, urgent care center, or emergency room. If it is an emergency situation, it does not matter it is an authorized medical provider. However, it is not an emergency, you will be held financially responsible. If you are not happy with your original medical care, you are allowed to negotiate for a different provider and ask for a second opinion, but you must discuss this with your attorney within 90 days.
What Happens If I Am Unable to Work?
If you are unable to work, you may be able to claim Temporary Disability, which includes Temporary Total Disability (TTD) and Temporary Partial Disability. These benefits are the lost wages you receive until you reach Maximum Medical Improvement (MMI) for your injury or illness sustained at work. TTD payments begin after you miss three consecutive days of work or three shifts. Your primary care physician must also provide, in writing, documentation of your inability to work or restrictions on your ability to work. MMI is achieved when your doctor determines the injury has stabilized and further care is not needed.
All too often, workplace accidents are the result of someone else’s negligence. If that person is not someone connected with your employer, a third-party lawsuit may be an available option for you to secure additional compensation for your injuries so that you can cover medical bills and other expenses. These lawsuits can be filed in addition to your workers’ comp claim.
Do I Need to File a Third-Party Claim?
If you are hurt on the worksite and your injury is the result of your employer’s or a co-worker’s actions, you are eligible for worker’s compensation benefits. However, state laws may prohibit you from filing a civil suit for negligence. You can sue the responsible third party who is not affiliated with your place of employment, while also collecting workers’ comp benefits.
For example, if you are a delivery truck driver and you are hurt when another driver runs a red light and crashes into your truck, you can collect workers’ comp from your employer while you pursue the negligent driver with a third-party claim for damages not covered by the benefits.
However, your employer’s workers’ compensation insurance carrier will be entitled to a portion of the money collected from the negligent driver based on the benefits they have already paid on your behalf. This process is called subrogation and highlights the need for a workers’ comp lawyer to help you.
In some cases, you can sue a property owner or a lessee if you get hurt on their property while on the job. You can also file suit against an equipment manufacturer if you have been hurt by their defective equipment.
Contact a Burg Simpson Workers’ Compensation Attorney Today
If you get hurt at work, the most important thing to do right now is seek medical attention. The clock on your claim starts ticking as soon as you are injured, so report it immediately. Do not jeopardize your health, your job, your finances, or the wellbeing of your family.