Thomas J. Gibbons, EsquireContact

Hundreds of thousands of workers suffer work-related injuries every year, and so long as the injury was not intentionally self inflicted, the injured worker is entitled to workers' compensation benefits (e.g., lost wages and medical expenses), for as long as they are unable to work because of their work-related injury.  Compensable injuries include, but are most certainly not limited to, strains and sprains, bulging and herniated discs, fractures, repetitive stress injuries (e.g., carpal tunnel syndrome), occupational diseases (e.g., mesothelioma), hearing loss, death, and much, much more.  Should you suffer a work-related injury, you must report the injury to your employer immediately regardless of who caused your injury and the severity thereof.  Failure to do so may severely jeopardize, and may even negate, your right to benefits.

 

Following a work-related injury, and the reporting thereof to the employer, the injured worker may seek immediate medical attention from any medical provider, but must treat, if at all, for up to ninety (90) days with a medical provider approved by the employer if the employer (1) has provided a list of at least six providers from which you may choose, (2) provides written notice of your rights to you, and (3) obtains, in writing, your acknowledgement that you have been informed of your rights.  Should the employer fail to meet this criteria, you may treat with any medical provider you choose.

 

Though the law clearly requires employers to pay workers' compensation benefits to employees who suffer work-related injuries, many employers, or their insurers, deny workers' compensation claims if the injured worker does not have an attorney.  Many other employers, or their insurers, approve the claim, but take an extraordinarily long time to pay the appropriate benefits.  In these situations, the injured worker will be best served by retaining an experienced attorney to proactively fight for their benefits.  Workers' compensation law is very complicated, and employers and insurance companies always have attorneys.  You should too.

 

For injured workers already receiving workers' compensation, they may be entitled to ongoing medical benefits and a lump sum settlement, the amount of which will be determined by the seriousness of the work-related injuries and the injured worker's average weekly wage.  Here, again, an experienced attorney will ensure that the injured worker receives the maximum benefits to which s/he is entitled.