Workers' Compensation is a form of insurance that is used by employers to pay out medical expenses, lost wages and other benefits after a worker has been injured as a result of a workplace accident.  When a worker is injured, they must initially file a claim for Worker’s Compensation, within 30 days of the injury or the illness becoming known to the worker, although this period may differ from state to state.

Generally, the lesser the amount of compensation an employer has to pay, the better for the employer. This is why Workers' Compensation claims, although they should be simple procedures, often turn out to be longwinded affairs, involving the help and expertise of Worker's Compensation lawyers, acting on the employee's behalf. Although most minor accidents may result in a quick payment of compensation to the worker, serious accidents may have employers denying or delaying claims. 

Worker's Compensation is no-fault claim, which means that the worker has a right to compensation without the need for proving employer negligence.  However, employers may use other loopholes to deny compensation. For instance, if there were no witnesses to an accident, then an employer may use this as a reason to deny the veracity of the claim.   Sometimes, certain injuries like repetitive stress injury, may not be entirely verifiable as occurring due to work place hazards, even with x-rays and tests. Employers can use this as a reason to deny or delay compensation.

The bottom-line is this – Workers Compensation laws tend to favor the worker over the employer, but employers may still try to find loopholes that allow them to deny large claims.

Protect your Rights - Seek the Help of a Workers' Compensation Attorney

In a situation like this, it is advisable to get a Workers Compensation lawyer involved in the process to protect your rights.

An attorney can help

• Obtain the rightful compensation when the worker does not receive his due amount
• When an insurer refuses to pay for medical treatment
• When an employer takes retaliatory action against the worker after he files a claim. This can be in the form of disciplinary action, or even termination of employment.

Social Security Disability

In case of an injury causing a disability, a worker can apply for Social Security Disability benefits. This can be done at the same time as you apply for Worker's Compensation. That’s because Social Security Disability Insurance is a federal funded program, while Workers' Compensation may differ from state to state.  Social security benefits can be paid out for the lifetime of the person, unlike Workers' Compensation packages that come with limited time benefits.

To qualify for Social Security Disability benefits, a worker

• Must have a physical or mental impairment, or a combination of both
• Must be able to prove that the disability has lasted twelve months, or is expected to last for that long. For instance, a severed limb may be considered long term disability, while a fractured ankle may not.
• Must be unable to work, or to earn more than $900 a month even if he works, as a result of the impairment.

Before settling a Workers' Compensation claim, it is important that you seek the advice and expertise of a Workers’ Compensation lawyer. That’s because the terms of your settlement may deny you access to Social Disability, Medicare and other benefits that you are entitled to.   The experienced Workers’ Compensation lawyers at Arnold & Itkin LLP can work to ensure that you receive the maximum benefits to which you are entitled, from all sources combined.