Work Accidents: What do you need to know?

An unintentional injury that has occurred at the workplace or while you are on the job is counted as a work accident.  Injuries related to the person’s line of work are counted as work accidents but the injuries which are not related to the person’s duties are not included.  Some common injuries which are included in or counted as work accidents are as follows:

 

  • Slip and Fall
  • Injuries caused due to heavy lifting
  • Injuries caused due to falling objects
  • Injuries caused due to falling off to ladders or stairs
  • Vehicle injuries (if you are a delivery person)

 

Can the damages at the workplace be covered?

At times, a person’s employment policy with the company may cover work-accidents.  The processes for handling accidents may involve interaction with the company and various insurance companies dealing with it.  However, a legal dispute may arise if the employer is not willing to accept or admit fault for the accident.  An instance where such a particular situation may arise is in the case of severe injuries as it might cost the company a lot of money.

 

What can you do if you have dispute over the work accident?

Several forms of evidence and various documentation is needed if you want to a file claim for work accidents.  Before filing a claim with the court, you may need to:

 

  • Collect all work-related documentation and information related to your injury like time logs, pay stubs, etc.
  • Include important documentation that shows or notes the date, time, and location of the incident.
  • Intact documents related to your medical treatment like: pharmacy receipts, hospital bills, and medical records. These documents are necessary while to calculate damages.
  • Collect any and all information that is or may be related to your work-accident

 

Work-accidents are somewhat tricky but you have the right to obtain compensation if you are injured due to somebody else’s negligence.  Contact the Law office of Andrew S. Kasmer, if you need legal counsel or expert representation for a worker’s compensation trial.  Through their incessant efforts, our knowledgeable attorneys will assist you to resolve any of your workers’ compensation related issues.

What should a Worker expect at Worker’s Compensation Trial?

Most of the Workers’ Compensation cases get resolved by settlement. Only the workers’ compensation cases in dispute are needed to be resolved through workers’ compensation trial.  According to an estimate only 5% of the workers’ compensation cases go for a trial.

What to expect at a Workers’ Compensation Trial?

A workers’ compensation trial is referred to as ‘hearing’ but the more accurate term used in case of workers’ compensation is ‘evidentiary hearing.’ The employee needs to provide admissible evidence on the contested issues. And if the employee fails to provide required evidence, there are the chances of losing the case. So the employees should go for pre-trial preparation with the attorney.

It is crucial to keep in mind that the role of an administrative judge is to rule on objections, review the evidence and decide the case or provide ruling after trials. He cannot assist you in preparing or presenting evidence. So you need the help or services on a certified and experienced Workers’ Compensation Attorney for:

  • Preparing your evidence
  • Presenting your evidence
  • Explaining the Rules of Evidence

Evidentiary Hearing can further be divided into two categories:

  1. Hardship Hearing: Hardship Hearing is requested by the employee’s attorney when there is a dispute about the medical treatment, payment of temporary total disability benefits or both. Judge usually issues a “temporary or partial award “for hardship hearing; meaning that judge makes ruling on certain issues but case remains on judge’s docket.
  2. Final Hearing: A ‘final hearing’ is an evidentiary hearing requested by either of the parties when all of the medical treatments have been concluded and both the parties have prepared their medical evidence and other expert evidence for the evidentiary hearing.

Decision of Court:

The decision provided by court after the evidentiary hearing is known as ‘award.’ An ‘award’ is similar to a judgement in circuit court. It is called an ‘award’ even if the employee receives no compensation.

What type of evidence is needed to be provided by an employee?

An employee needs to provide the following evidence:

  • Testimonies of the employee and other witnesses
  • Medical evidence including certified copies of medical records and testimonies of doctors
  • Doctor can provide a deposition and testify during hearing
  • Doctor’s reports (if needed)

After the employees have presented the evidence, the employer/insurer will also present its evidence. They also provide medical evidence in the form of certified medical records and/or physician’s testimony. Everything said during the evidentiary hearing is recorded by the court reporter and all the exhibits for identification are marked.

After all the evidence is presented, the judge may allow both the parties a short period of 21 days or less to file ‘briefs.’ ‘Briefs’ are the written statements pertaining to facts and the law and refuting each party’s position as to how the case should be resolved.

The ‘award’ is issued as soon as the administrative law judge has reviewed all the evidence and considered the ‘briefs.’ According to the law, the ‘award’ should be issued within 90 days of the last day of hearing. The award is mailed to the employee, to employer or insurance company, and to all the attorneys in the case. An appeal can be filed on the ‘award’ by any of the party.

Contact Law Office of Andrew S. Kasmer, if you need legal counsel and expert representation for workers’ compensation trial. Our dedicated attorneys will offer you aggressive and personalized representation and will help you to get what you deserve.

Why should the Workers’ Compensation Claimants Hire an Attorney?

WORKERS’ COMPENSATION

Injured workers may often reflect on whether they should hire an attorney to gain their workers’ compensation benefits if the system itself permits them to collect their lost wages, have their medical expenses paid, as well as allowing them access to vocational retraining if it is required.  However, the process involved is not as simple as it seems as the real scene is quite the opposite and complicated as well.  Only the services of an outstanding and proficient workers’ compensation attorney can help you get out of this crucial and tricky situation with the best positive outcome for you.  Such an attorney can help you in various ways which include:

  • An attorney can help you ensure that you inform the court about your medical condition(s), needs, and requirements, in addition to helping you secure the medical benefits and treatment to which you are
  • Workers’ Compensation attorney can help you if your employer denies your claim.
  • A knowledgeable and distinguished attorney can not only inform you of the legal procedures involved, they can also guide you through the claim process by helping you with things such as the submission of required documents within the set time limit and providing the judge with the adequate evidence and documentation to support your claim.  Remember that if these obligations are not entirely and timely fulfilled your claim(s) can be dismissed.
  • An attorney can help you obtain the services of an alternative health provider (i.e.: a provider other than the one assigned by your employer).
  • An attorney can also help accelerate unduly delayed benefits and help you file a complaint regarding unjustified denials.
  • An attorney can help you file a lawsuit against your employer if they demote or dismiss you for filing a workers’ compensation claim.
  • An attorney can also help you gain additional compensation if you are injured through the use of defective tools or products, or if your injury is the result of a third party (someone outside of your employer).
  • An attorney can help you challenge adverse decisions made either by your employer, the employer’s insurance company or your States Workers’ Compensation Division.
  • An attorney can also help you file a case against the employer if they fail to provide you with the modified work environment that is recommended by your doctor or if they harass you after your return to

Contact the Law Office of Andrew S. Kasmer P.C., to obtain fair and square compensation for the troubles you face due to your work-related injuries.  Our diligent attorneys put all their effort into victoriously getting you out of this difficult situation of your life.

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 AVVO.com 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 Lawyers.com 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.