Information herein is provided as an educational resource only, contact Mike Murburg for additional information or assistance.
Claims
Workers’ comp claims must be filed and duly recognized by the employer after sustaining an injury. Such injuries come with the stipulation that the employee will not be able to perform the duties entailed in the job description for an extended period of time. In some cases, the amount of time missed may be as minimal as three or four days, yet most claims involve extended durations. Once the claim has been established, all expenses stemming from the work injury will be taken care of by the employer’s insurance company, which includes medical costs, any necessary medication, and living expenses based on lost wages and a percentage of the employee’s income. In order to maximize compensation benefits, hiring a workers’ comp attorney isn’t necessary, but highly recommended. Workers’ compensation lawyers work on principles of contingency; unlike personal injury attorney fees that can exceed 30 percent, the average fee for workers’ comp attorneys is approximately 15 percent.
Responsibilities of the Employee
Keeping scheduled doctor visits are important for the overall outcome of the claim, but also for monitoring the health status of the injured employee. Physical therapy may become a part of the healing process, which means that it’s important to keep these appointments for the duration of the claim. It is also the responsibility of the injured party to adhere to the physical restrictions within the scope of the claim.
Settling the Claim
A number of things can come into play when reaching a final settlement. The extent of the injury and whether or not the employee is able to return to work with full capabilities will factor into the final judgment. In the event that an injured employee is not able to return to work, the insurance company will provide funding for vocational rehabilitation; however, if the injured party is cleared to return without restrictions, a final settlement will be awarded in a lump sum payment. Once a claim has been filed, the entire process can take up to three years or more before closing the case.
The above literature is intended for informational purposes only, and is not to be used referentially in a court of law. For legal advice, consulting with a workers’ compensation solicitor is recommended.
