Practice Areas

Workers Compensation

Workers Compensation

Worker’s compensation is considered only if the injury or illness is serious and took place during employment. Medical expenses related to illnesses or work-related injuries come under worker’s compensation. This covers:

  • Petty expenses
  • Medicines
  • Hospital stay
  • Hospital visits
  • Medical equipment
  • Physical therapy

Alternative treatment methods such as Ayurveda, Homeopathy, or Chiropractic care need advance approval. A certain percentage of the worker’s salary can be claimed as worker’s compensation to meet the daily expenses of the household. To get approval for claiming worker’s compensation, medical professionals need to confirm that the individual cannot show up at the workplace due to medical reasons.

The best asset of a business is its employees. It is essential to make sure that they are healthy and safe. Do all that you can to prevent illnesses and injuries at the workplace. Workers compensation refers to giving compensation such as cash, medical care, etc. to the victims who were injured while working for you and placing the injury’s cost on the consumer. If there is a dispute regarding a benefit claim, then the state agency litigates the claims of workers’ compensation before it is appealed in the state court. The law of workers compensation is practiced in the companies having 1-20 lawyers. 

Temporary workers and part-time workers are also covered by the worker’s compensation, apart from full-time workers. The insurance of worker compensation also protects the independent contractors, in some cases. There is no need for the injured worker to prove if the co-worker or employer was responsible for the accident, as the workers get benefits regardless of how the injury was caused. 

Although the injury requires hospitalization, care at home, surgery, or any expensive medical treatment, then you should speak to the attorney immediately. They will help you with the worker’s compensation and file a claim. 

How It Works

Any employee getting injured or falling ill while at work can avail of workers compensation benefits. The first step is to file a claim as soon as possible and notify the seniors of the injury or illness. At this stage, it is also a smart idea to hire an attorney because organizations tend to go around in circles when it comes to releasing worker’s compensation.

The attorney promptly pushes the supervisor into submitting a detailed report of the injury which then goes to risk management. Once this file is with risk management, the team goes through it in detail and then files a claim with a third party company or within the organization, depending on the terms. The claim is dependent on the injury. If the worker is unable to return to work they can also file for the cost of vocational rehabilitation services.

What Happens If The Employee Does Not Lose Work Time?

If an employee gets a minor injury and takes little or no days off, they can still claim for the medical expenses involved. All of this information must be provided to the risk management with details of the bills.

What Happens If The Employee Loses Work Time?

If an employee gets injured or becomes severely ill during employment, the first stage is to get an authorized leave of absence from a Health Care provider. In this case, the employee should not report back to work for three consecutive days post the day of injury.

The compensation should also pay for lost work hours. An attorney will help draft the best possible claim to receive higher compensation. An employee can also claim missed work payments till they can report back to work.

If an employee loses between 1 to 3 days of work, they cannot file for temporary disability payments. However, if they lose out on work for 4 to 14 days, they can file for temporary disability from the 4th day onwards.

If the employee is severely injured and cannot report back to work even after 14 days then their disability compensation begins from the first day of absence. Disability payments are dependent on the wages of the employee. They are usually calculated based on the wages earned for 26 weeks before the date of injury. An employee can claim up to 66% of this amount in compensation. To get the maximum compensation, an attorney is most beneficial. All the claimed compensation is tax-free.

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Benefits Of Hiring A Worker Compensation Attorney

Employees should always have a worker compensation attorney by their side to get the maximum claim. Listed below are a few benefits of hiring a workers compensation attorney.

Ignite A Claim After Denial

Workers often assume that it is easy to claim compensation since the injury happened in the workplace. However, the harsh reality is organizations tend to beat around the bush and delay payments when it comes to worker’s compensation.

A good attorney can twist the corporate arm and help in getting maximum claims quicker. This proves to be beneficial especially when it involves bearing medical expenses and running the household. An attorney takes away a lot of stress and workers can focus on getting better.

Better Negotiation Skills

Workers compensation attorneys have great negotiation skills when it comes to dealing with management. They can work closely with the insurance company to claim the highest possible amount that can benefit their client. While workers tend to accept anything that comes their way, attorneys tend to push for higher amounts. They also help keep the workers calm and discourage them from making desperate decisions by accepting smaller amounts.

Drafting A Strong Agreement

A worker’s compensation settlement is dependent on the agreement the employee puts forward to the risk management. An attorney can help create a strong agreement that is worded correctly. This helps workers get maximum compensation and does not allow the insurance company to lower the payment.

The attorney will also go through the agreement that comes from the insurance company to ensure there are no loopholes. They focus on getting a lump sum settlement for the workers to help improve their livelihood at the time of need. If the injury is serious and the worker cannot get back to work, attorneys look to procure a lifetime settlement for them. It would be difficult for a worker to do it on his own.

Strengthens The Chances In Court

Some workers are not as lucky as others. Certain workers receive their due compensation in the company conference room while others need to take the management to court. When going to court, having an attorney increases the chances of a better claim and winning the court case.

The court will look for witnesses, proof, and other such information, all of which an attorney will gather in a heartbeat. While the insurance company will try to bury the employee under a heap of paperwork, a workers compensation attorney will clear out the papers in no time and give their own set of papers to the company to fill out. Let’s not forget the attorney can increase the claim by using legal terms or words the employee may not understand.

Worker’s compensation attorneys help to deal with legal issues systematically and can come up with legitimate grounds to file for compensation. An attorney has a lot of experience in this field and they can train workers on how to deal with the situation in the best possible manner. The best part is attorneys do not ask for their fees upfront. They wait for the verdict to come through before asking for their payment.

Charlotte Office

2801 Crisman St.
Suite 300-B
Charlotte, NC 28208

Phone

704-900-0336

Business Hours

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* Note: I am available via email and phone anytime after hours. Free consultations apply to personal injury and criminal law cases. Immigration defense is subject to a consultation fee which will be applied towards your retainer if you chose to retain.

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