Workers’ Compensation is a type of insurance providing wage replacement and medical benefits to employees who are injured during the course of their employment.

The system is administered by the state and financed by mandatory employer contribution.
Federal government employees have access to a similar program.

The coverage available under workers’ compensation is in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence.

General damages for pain and suffering and punitive damages for employer negligence are not available under workers’ compensation plans.

Although workers compensation statutes generally make the employer completely immune from any liability above the amount provided by the workers’ compensation, there are however, exceptions as these statutes vary from state to state.

Some employers do vigorously contest employee claims for workers’ compensation payments.
In any contested case or in a case involving serious injury, a consultation with a workers’ compensation attorney is necessary.

Cases where legal representation is necessary for your workers’ compensation claim:

•       Medical benefits are denied
•       Not able to work on a regular basis
•       You suffer from significant pre-existing disabilities
•       Considering disputing an adverse decision made by your employer, the employer’s insurance company or the state’s workers compensation division regarding your claim
•       If you believe you are not receiving the correct benefits or want to determine if there are additional benefits available to you
•       The employer has disputed a decision made by your state workers’ compensation division
•       You do not understand the workers’ compensation process and are more comfortable with an experienced attorney representing your interest.

Regardless of the circumstances of your workers’ compensation claim, you are entitled to an attorney’s representation.

The best way to protect your rights under the workers compensation system is to retain an attorney.

Choose an attorney with specific experience in handling your workers’ compensation claim.

Benefits of legal representation:

•       If your injury is preventing you from working permanently, an attorney can advise and assist you with filing for social security benefits also.
•       If your state offers vocational services due to your inability to return to your former employment, an attorney can assist you in navigating the system and also increase your chances to receive retraining or monetary payment to assist while you seek and secure alternative employment
•       In many states the dispute process involves complex legal rules and procedures. You will be at a disadvantage if you do not have legal representation to look after your interest during these proceedings.
•       In the event the Workers’ Compensation Board rules that your claim is not covered, an appeal process is available. An experienced workers compensation attorney will know how to effectively advocate on your behalf and prepare you in the event your case goes to state court
•       You will be seen by a physician who is retained by the state to conduct medical evaluations of you during the investigation process of your claim. The doctor is supposed to maintain an impartial role. An attorney will prepare you and explain that the doctor-patient confidentiality does not exist in this instance.
•       An attorney is accustomed to dealing with employers who may not have the employees’ best interest in mind. Any statements you make during the evaluation process may be used by your employer to argue that the incident reported was not work related or your injury is less severe that you claim it to be.