WORKERS' COMPENSATION When someone is hurt on the job they have a Workers' Compensation Injury. If this has happened to you you probably have realized that you have been thrown into the middle of a sometimes unfair, very confusing and complex situation. Your legal rights are going to be different than what you may have been raised to expect; and it is fair to say that after only a short period of time you may become very frustrated and perhaps even angry with the system. Workers' Compensation is almost totally a creature of state law and people's benefits and rights will vary greatly from state to state. In addition our legislature is constantly changing the comp law, so rights and benefits change from year to year. Because of this it is often hard to learn about your rights just by talking to other injured workers as the law may be considerably different now than it was when they were injured. The date of your accident is the most important initial fact in your case because that date determines which law applies to your injury. Workers' Compensation cases are not lawsuits in the traditional sense. They are handled through a claim process. Petitions for benefits are filed and a special judge (A Judge of Compensation Claims) decides each issue. You never sue anybody and go before a jury and get a large verdict. And you are never compensated for your pain and suffering and your loss of capacity to enjoy life. Benefits are very limited and yet they can be very substantial. There are essentially three types of benefits available to you if you are injured on the job: First --- there are indemnity (or money) benefits Second --- there are Medical Benefits Third --- there are Vocational Rehabilitational benefits This variety of benefits is one reason why you should never use your private health insurance or medicare or medicade to get treatment for your workers' compensation injury. Your employer and their insurance company might use this against you to say that you were not hurt on the job and thus deny you your non-medical benefits. You should always report your injury immediately and be certain that a Notice of Injury form has been filed with your employers' workers' compensation insurance company. In workers' compensation cases we recommend you retain an attorney as soon as something happens that you do not understand or agree with. Usually the earlier an attorney is involved the better. Because they will be able to let you know your rights sooner, and they will begin monitoring your case at an earlier date. Workers' compensation is a complex area of the law and many times your rights are never explained to you by the employer, or their insurance company. In workers' compensation cases the adjusters are allowed to make decisions that can override your doctor's recommendations; and sometimes you may not even be aware that they have done this. By monitoring your case your attorney can assist you in getting the maximum care that your doctor feels you require. Of course if you know what certain terms mean, like AWW, CR, MRI, MMI, TTD, TPD, WL, & IB and you know how to apply these terms to your case then you can evaluate what is going on in your case much better yourself. Your attorney can work with you to prepare you to understand these and other options that might come up in your case. In selecting a workers' compensation attorney you should inquire about their experience in this complex area of law. Find out if they have a dedicated, intelligent staff of paralegals, legal assistant and/or legal secretaries. Your workers' compensation case will truly be a TEAM EFFORT to get the maximum benefit for you. Select people you will be comfortable with and who will get to know you and care about you. It never costs you anything up front to retain an attorney. Fees in workers' compensation are only paid if you receive benefits. At the Law Center we advance the costs to prepare your case. Usually these are re-paid at the settlement of your case; and many times costs and fees are paid by the insurance company as provided by statute. Attorney fees in workers compensation are closely regulated and must be approved by the Judge of Compensation Claims. And they are reasonable. For example the current (for injuries occuring after 1994)statutory attorney fee on a $10,000 settlement is $1,750. On a $50,000 settlement the current statutory attorney fee is $5,750; and on a $100,000 settlement the current statutory attorney fee is $10,750. That means more money in the injured workers' pocket, particularly when you compare this to the 30% to 40% contingent fees in some personal injury lawsuits. At the Law Center we believe in keeping our client's informed; and we want you to keep us informed. We learn from each other. It is our policy to copy our clients with incoming and outgoing correspondence that will keep you informed on the ongoing activitiies of your case. Protecting your rights is a serious matter. We take this seriously at the Law Center and we know that you do also. We strive to provide you with legal services that are both professional and friendly. Call us for a Free Initial Consultation and learn your rights.