Workers’ Compensation: Your Rights and Benefits

Workers’ Compensation law was formed to protect injured workers.  Prior to the institution of these laws, industry giants were not required to bear the costs for on the job injuries.  So, Workers’ Compensation laws were created to provide employees with rights to protect themselves in the event of an on the job accident.

As was the case 100 years ago, it is just as important for employees of today to know their rights should they be injured at work.  Failure to know and assert your rights in a timely manner could result in lost benefits, both medical and monetary.

What is Workers’ Compensation?

Workers’ Compensation is a state required insurance program that provides compensation, medical treatment, and other relief to workers who are injured at work.  Workers’ Compensation benefits are different from state to state because every state has its own set of laws and programs.

Which medical expenses covered under Worker’ Compensation?

Although each state has its own rules and regulations, workers’ compensation laws typically provide the following coverage:

  • Hospital and medical expenses required to diagnose and treat your injuries, which includes doctor visits, medication, and surgery.
  • Vocational Rehabilitation benefits, to include job placement, counselling, and retraining.  In certain instances, the various laws also cover education and training required to regain the necessary skills and abilities to return to work.
  • Wage loss in the form of monetary benefits that covers an injured worker’s lost wages while they are recovering from their injuries.
  • Permanency claims for a person whose injuries do not result in a 100% recovery, which is typically a monetary award paid as a result of an accident at work.  This permanency award can be paid in a lump sum or over a period of time depending on the circumstances of the case and the place of accident.
  • Death benefits may be provided to the relatives of an injured worker whose accident results in death.  The financially dependent relatives (spouse, child, parent, or sibling) of a deceased worker whose work-related injury resulted in death may be entitled to reco

Which conditions, injuries, and/or illnesses are covered under Workers Compensation Laws?

Employees may make a claim and receive benefits for the following injuries and illnesses, based upon the location of your accident, some or all of the following may result in benefits:

  • Injuries caused by an accident such as a slip, trip, or fall;
  • Injuries caused due to the overuse or misuse of instruments or machines over a long period of time (repetitive stress injuries or chronic pain from work-related exertion); and
  • Illnesses that gradually arise or result from work conditions (heart diseases, lung diseases, or stress-related problems).

Contact the Law Offices of Andrew S. Kasmer P.C., if you have been injured at work, whether or not your employer or their insurance company has paid or denied you benefits because our experienced, diligent, and compassionate attorneys and staff will help you obtain the maximum monetary award and benefits to which you are entitled to under the law.



How to Hire a Workers’ Compensation Attorney?

A worker is eligible to claim and get workers’ compensation benefits, if they are injured during the course of their job.  However, filing a claim for workers’ compensation is not as easy as pie.  It is a hard nut to crack, as both the employers and insurers are apt to deny most claims.  So, it is always wise to hire the services of a competent and experienced workers’ compensation attorney because only an  experienced professional can provide the advice and help needed to get you out of an awkward situation with the best possible positive outcome.  Therefore, once you have chosen an attorney to represent you, make sure you attend your meeting with him fully prepared (i.e.: bring your bills, medical records, any relevant photos associated with your case, and your witness contact information with you).  This will assist the attorney in their ability to assess your situation and advise you accordingly.

But before making the final decision about the attorney you want to hire, always look for the following options:

  • Always seek out an experienced and savvy attorney. Make sure that the attorney has an ample number of references that you can verify and possesses a list of the settlements that he/she has accomplished.Ask the attorney to provide you with the contact information of his satisfied clients and contact them to confirm the information that has been provided to you.
  • Consider using the services of an attorney who has affiliations with other professional law organizations, like American Association of Justice.
  • Hire a lawyer who benefits from a good rapport in the sector (i.e. among his colleagues and juniors as well).
  • Refer to the list of workers’ compensation attorneys published in the website named AVVO. com. This website weighs or rates the attorneys on the basis of the articles published by them,  their education and experience along with the opinions forwarded by their fellow attorneys and clients as well.
  • Refer to the list of workers’ compensation attorneys published on as this website weighs or rates attorneys on the basis of their published articles, their education, and their experience along with the shared opinions of fellow attorneys and clients.
  • Always aim to hire a local workers’ compensation attorney to handle your case as the rules for workers’ compensation vary from state to state. Only a local attorney can help you understand and navigate your state’s workers’ compensation laws.
  • Consider hiring a lawyer who has adequate knowledge and skills to evaluate the details of your case (i.e.:the ability to understand the strengths and weaknesses of your case and to determine the best way to use these details in strengthening and supporting your case) and has the capacity to ensure that you earn the maximum amount of workers’ compensation benefits.
  • Consider hiring a lawyer who can represent you at administrative hearings if the insurer refuses to accept your claim.
  • Consider using the directory to search for your local workers’ compensation attorney because it provides attorney specific information which includes their contact details, reviews, and ratings.
  • Another source to consider in your search for a reputable workers’ compensation attorney is the referral services provided by State and local bar associations.
  • You can also ask for recommendations from another lawyer, such as one who handles your other legal matters (i.e.: taxes, real estate, etc.).
  • Before hiring a workers’ compensation attorney, always make sure that you inquire about their billing processes and payment expectations. Most lawyers work on a contingency basis which means that their fee is a set percentage of the proceeds that you will acquire from your claim.
  • Always choose the lawyer who seems to understand your issues and can present you with the best legal advice (i.e.: he should be well-informed about how the law can be advantageous to your situation).
  • Inquire whether the attorney himself will be handling your case and or representing you in courts of law or if his clerks, paralegals, or associate attorneys will be handling your case and representation. Also, if his paralegals are going to represent you in settlement talks and administrative hearingsask about whether they have the knowledge, skills, and ability to handle critical situations.
  • If you are critically injured and do not have the money to sustain yourself, always look for a lawyer who can educate you about alternatives to workers’ compensation that can carry you over while you are waiting for your claim to process and take effect.
  • Always consider the fact that the attorney you hire should be properly assessing your medical costs and rehabilitation costs as they are approved and granted by the state law.

Contact the Law Office of Andrew S. Kasmer  P.C. to acquire fair compensation for the difficulties that you have had to contend with due to your work injuries. Our proficient workers’ compensation attorneys will surely help you earn the maximum workers’ compensation benefits for which you are eligible.