As a workers’ compensation law firm, we get calls every day from injured workers who have questions and are looking for the right answers. The following are just some of those questions that have been answered by our experienced team of legal advocates. If you have questions about your work injury, please call a law firm.
What Happens If I Cannot Keep My Same Position?
Sometimes, an injury will cause a person to lose their ability to work in the same position. If you can only return to a lower paying job, income benefits might still be available. In general, the amount will depend on the difference between what you earned and what you currently make.
How Long Can I Receive Benefits if I was Only Temporarily Injured?
If you were only temporarily injured, you may be able to receive benefits until you reach a maximum of approximately 350 weeks from the date of injury. You might also be able to obtain a maximum medical improvement. This means you have reached a state in which you cannot improve your condition any more, or the healing process has plateaued.
How Long Can I Receive Benefits for a Total Permanent Injury?
In order to recover benefits for a permanent injury, your injury must keep you from working. If this can be demonstrated, you may be able to receive benefits for the rest of your life.
Can I Receive Benefits for Pain and Suffering?
Workers’ compensation claims are not the same as personal injury claims, and you will not be able to recover compensation for pain and suffering. If a workers’ compensation lawyer believes a third party caused your injury, a separate personal injury claim might be filed.
Can I Recover My Benefits in One Lump Sum?
As a workers’ comp lawyer might tell you, it may be possible to negotiate with the insurance company so the payments for your medical care, rehabilitation, and loss of income are structured. This might include the ability to get a lump sum payment. It must be understood that settlements are final. Once you accept, you cannot ask for more money. This is true even if you find out later on that you are more injured than you thought, or the condition worsens. For this reason, it is essential to have a good lawyer on your side – especially when the case involves a serious, life changing injury.
Can I Receive Workers’ Comp and Social Security?
It may be possible to receive workers’ compensation and social security. Doing so will require you to go through two completely different procedures. Your social security benefits could be reduced if you are receiving workers’ comp.
Can I Choose to File a Lawsuit Instead?
In general you cannot file a lawsuit if workers’ compensation is available. There are limited exceptions such as, your employer doesn’t provide you with coverage. This could mean they don’t legally have to have it, or they failed to get coverage. In a situation like this, you would likely be able to file a lawsuit.
Another exception might be when your employer intentionally harmed you.This kind of case would involve many different circumstances and elements; thus having a workers’ compensation lawyer is recommended.
Call a law firm for a Consultation
If you were injured on the job, you may be able to collect workers’ compensation benefits. The claims process is not as easy as it might appear, and many first time applicants are denied. It is your right to have a workers’ compensation lawyer in Wytheville, VA to help you with the process. Call a law firm to explore your options.
Thanks to The Law Offices of Mark T. Hurt for their insight into workers compensation and what you should know.