How do I get compensation for my injury on the job?

Question

I was injured on my job on 3/5/2011. Lower back injury to the L5-S1 disc. I am in pain constantly & its been over a year i just recieved my first injection last month which has not helped much at all. I , sonetimes need help just getting out of bed. I'm so stressed out depressed i dont know what to do. I was let go from my job 3 months after my injury so therefore my benefits went to so when i need to go to DR. for something other than my back injury i cant go unless i have money, which i dont have because my only income is a wc check of a mere 293 per week i can hardly maintain on that type of income i had two jobs prior to my injury making over $2200 per month now im barely recieving 1200.  Am i entitled to a settlement ?

Thomas Edward Gates · Answer

Did you file an L&I claim?

Phong Thanh Tran · Answer

Have you filed a worker's comp claim yet?

Clayton Lockhart · Answer

You got hurt on the job and you received worker's comp benefits for your injury. I would suggest seeking the counsel of a worker's comp attorney to see if there are other avenues available for you.

Stephen Lombardi · Answer

Complicated answer but I'll respond somewhat and tell you to hire a   qualified workers' compensation lawyer. If you want my help call, if you  want a  referral call and if you proceed on your own get ready to get your  face ripped  off by the insurance company.    You have a serious injury that sounds like you're going to end up in   surgery. If you do or if you don't you have suffered an injury that will result   in industrial disability, a loss of earning power. You have what I consider  to  be a very valuable case and you should not waste this one opportunity to  be paid  fair compensation. You need a lawyer on your side.

Bryan Stoddard · Answer

I'm so sorry to hear about your injury. It sounds like you are really going through a rough time. I hope things will get better for you. As to your legal questions, since I don't know how familiar you are with this area of the law, I'll start with the basics, but don't be offended if I tell you things you already know. The general rule with on-the-job injuries is that an injured worker cannot bring a standard personal injury-type lawsuit against their employer because of the Workers' Compensation Act (all states have this same kind of law). The workers' compensation insurance program was designed to eliminate workplace injury lawsuits against employers by providing a simple, no-fault compensation plan for injured workers. The responsibility is on the state's Labor Commission to administer the worker's compensation program under the state laws and the administrative rules of the agency. Typically, if you apply for workers' compensation in relation to a workplace injury and your employer or their insurance carrier denies your claim, you can then apply for a hearing in front of the Labor Commission and they will decide if your claim should be granted or denied again. This is where an attorney is helpful, because it is a court proceeding with special rules and procedures. Also, if you choose to have an attorney represent you in front of the Labor Commission, the rules are that your attorney can only be paid if he or she wins your case for you. You would not have any out-of-pocket costs for the attorney.  But from the facts you provided, it sounds like you've been through the entire process and are now getting a weekly workers' compensation check for your injury. So the short answer is, no, it looks like you would not be entitled to a settlement in addition to the workers' compensation money you are already getting.  However, one thing you mentioned could be significantyou mentioned that you were let go from your job 3 months after your injury. I would want to know more about the circumstances surrounding your termination, because it is against the law for an employer to terminate you as a result of you getting injured or submitting a claim for workers' compensation. Could your termination be related to your injury or your claim? If it was, and if it could be proven, you may be able to sue your former employer for wrongful termination. But a lot would depend on the facts of your case.  I hope this information has been helpful. I hope you start feeling better soon. I'm willing to answer any other questions that you have.

Violet Nwokoye · Answer

This is a good question to discuss with an attorney that has the opportunity to evalute all facts involved in the case, possible agreement, waivers and rights in these kind of cases can only be evaluated with full details.

Arthur Aiken · Answer

You need to get a lawyer. Several studies have shown that injured claimants net more money with an attorney than without one.

Michael Yeksavich · Answer

Do you have an attorney because if you do not you should seriously think of  obtaining one.  WC payments are limited by law to certain amounts.  Settlement  is a possibility but the terms of the settlement are crucial; e.g., are future  medical treatments taken into account?  A settlement might only provide short  term relief for your bills but be a long term disaster.   On occasion I have  been able to obtain Social Security Disability for people in your position.  I  need to stress that none of this may take place instantly because you bottom  level need to think of your health for the rest of your life.  Note, you did not  mention whether you are a candidate for surgery or not and that is important.

Grady Martin · Answer

It sounds like your timeless benefits are not being calculated correctly. Those calculations should take into consideration your second job and the value of your regular healthcare coverage that has been terminated. This is the type of problem that probably requires an attorney. An attorney will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issued, your employment status, your medical status, and other issues. If appropriate, an attorney might get a copy of your entire claim file to review it in detail. This type of consultation and claim review should be done free of charge.

James Osak · Answer

You're going through the workers' comp. program. That's all you can do UNLESS you're cut off OR denied certain benefits.  Talk to a local employment attorney with the particulars of your case. Story is too involved of a question to discuss properly on this site.  An attorney can review and see if there's anything else you can do. Good luck!

Andrew Velonis · Answer

Workers comp is still supposed to cover your medical expenses and two-thirds of your average weekly wages for the 52 weeks prior to your injury.  If they are not paying, you should file for a hearing with the Worker's Compensation Board.  If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of  Depending on what caused the accident, there may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.

David Stoddard · Answer

You are.  You might have to wait until the doctor is finished treating you. You probably should get the help of an attorney based on how severe your injury is.  You might also check to see if you had  short term or long term disability policy through your employer.

Mark Leonardo · Answer

If your injury was on the job, it's a worker's compensation matter and that is generally your sole source of bringing a claim, with few exceptions. If you don't have a worker's comp attorney, you should speak to one soon. I believe, you generally have 1 year from your termination of employment to bring a worker's comp lawsuit.  If you were let go in June 2011, you may be out of luck, but you should really speak to a worker's comp attorney immediately.  There should be no cost to speak to an attorney to find out if you have any rights.

Charles Robert Cleveland Jr. · Answer

If your employer has workers compensation insurance and you are unable to work at this time, you should be collecting temporary disability payments if your claim is accepted or collecting state disability payments if your claim is on delay or has been denied. If your workers compensation payment is $293 a week that mean the insurance company had based it on your average weekly earnings of $443.94. Check your earnings to make sure you are being paid at the correct rate. If your total earnings were 550 per week based on 2200 per month then you may be old back temporary disability since you're correct rate should be $363 per week based on the earnings information you provided.  Your treating Dr. will be the one to assess your impairment and future medical needs. Once you have plateaued in your treatment phase, that Dr. will assess your permanent disability and future medical care. At that time a potential settlement can be calculated. Workers compensation can be perilous to people who represent themselves that they do not possess the requisite experience and knowledge. I recommend you contact a reputable and experienced workers compensation attorney for advice immediately.

Arin Dunn · Answer

I am so sorry to hear how difficult this has become.  These issues involve different kinds of laws which often require two attorneys.  There is the Worker's Compensation issue, which it sounds like you have resolved to your satisfaction.  Then, there is the issue of whether the termination was unlawful and/or there was retaliation/discrimination.  Among other things, there are claims for disability discrimination and failure to accommodate.  There are also claims for retaliation for filing an L&I claim.  There are also claims for failing to provide appropriate FMLA leave.  There are other claims.  This is a complex area and would typically require review by an experienced employment attorney.  It is possible to file a claim on your own with a state or federal agency such as L&I, WHRC, or the EEOC.  However, again, this is extremely complex and such agencies are severely under-budget and over-burdened.  In my opinion, a person is better off if they have a plan and manage the matter with an attorney from the beginning.  Many employment attorneys will not take a case if it is has already been filed with the L&I, WHRC, or EEOC, especially if a right to sue letter has already been issued.  Entering the matter that late in time can give fewer options for an attorney to strategically structure or develop the case.  Good luck.

Michael Heilmann · Answer

You need to contact a Worker's Compensation lawyer. The employer will not pay without a claim being filed. They will contest the claim.

Ronald A. Steinberg · Answer

You MAY have 2 separate issues:  you can file for workers compensation for your lost wages and medical expenses.  You should hire a lawyer to handle that.  You MAY qualify for employment discrimination/wrongful discharge, but you will need to talk to an attorney that specializes in those claims.

Brooke Bohlke · Answer

Yes you are entitled to a settlement.  That is a worker's compensation issue.  It sounds like you qualify.

Mark Smith · Answer

Yes you are entitled to a settlement, but no the type of settlement you   think. Because this is a work-related injury you are only entitled to receive   the statutory fraction of your previous wages and the payment of all  medical  bills related to the accident. Your will not be compensated for pain &   suffering. The settlement will be for a resolution of your future earnings,  but  remember if you do settle and have to go to the doctor for your injury  you will  no longer be able to have the insurance company pay for the work  related  visits.

Ronald Lowry · Answer

This is a common tactic of some unscrupulous employersto fire the injured worker and just cut him/her loose without any income or benefits. You need a good workers' comp lawyers asap.

Charles E. Cartwright · Answer

There are two possibilities.  The first is through through Workers' Compensation.  If you have not contacted an attorney who handles Workers' Compensation claims, then I urge you to contact one immediately to determine what rights you may have under the Workers' Compensation syatem.  The second would depend upon the facts of your accident.  Do you believe anyone else is at fault for your injury other than your employer?  Let me know the facts of your accident, I will let you know  if I think there is anything further.

Kevin Habberfield · Answer

Unless a third party, not your employer, caused your injury. Most likely your exclusive remedy is workers compensation. You should also qualify for SSD if you have enough work history.  Good luck.

Gregory Crain · Answer

In Arkansas workmens compensation is your sole remedy.

Steven D. Dunnings · Answer

You should try social security disability.

David Hibbert · Answer

You are entitled to medical and indemnity benefits for lost earnings under workers compensation for an on the job injury. Even if your job was terminated , the claim should be presented. You are injured and can't get other work , so it sounds. Don't wait any longer to get the legal help you need. If you are in the State of Georgia , please call my office. We can help you get your benefits started. If you are not in Georgia , perhaps we can get you connected to someone there in your home state for help.

Bernard Huff · Answer

You should process or have your work-related claim processed under your  company's worker's compensation procedures. You may call your State's worker's  compensation agency for guidance and assistance.

John Brennan · Answer

Your sole remedy for a work related injury, generally, is worker's comp. If you have not counseled with an attorney, you should.  Good luck.

Lowell E. Bernstein · Answer

You are entitled to continuing medical treatment until you reach maximum medical improvement ("MMI"). You also are entitled to receive two-thirds of your average weekly wage while out of work as instructed by your authorized treating physician.  Based upon the information you provided, it appears that you are receiving less than that amount. Once you have reached MMI, you may consider various settlement options, or you may prefer to have the Workers' Compensation Commission determine if you have a permanent impairment and/or the amount of disabilty in order to receive an award.  Your factual background sounds relatively severe and I would advise you to consult with or hire an attorney to represent your interest.

Steven A. Schwartz · Answer

I am very sorry to hear about what you are going through.  I am also sorry that you did not speak to an attorney earlier.  Whether or not your employer let you go does not affect your worker's compensation benefits.  Because you were working at the time of the accident, it does not matter whether you are still employed there or not.  Worker's compensation will pay for any and all necessary medical treatment related to your work injury, so you should not be missing any treatment. In addition, if you had a second job, that amount should be and can calculated into your worker's compensation payment.  It sounds like you need an experienced worker's compensation attorney on your claim immediately.

Douglas Rothschild · Answer

What caused the injury? You should hire a workers compensation lawyer to review your case. They will work on a contingency fee basis, meaning they are entitled to a portion of your WC award. A good workers comp lawyer will also let you know if you have a 3rd party case, meaning can you make a claim against someone other than your employer for your injury? Best example: you are on the job, driving, and someone runs a red light and hits you. WC claim for on the job injury, 3d party case against negligent driver. Consult a good WC lawyer.

Maxwell Livingston · Answer

You have a worker's compensation claim to cover your injury.  Moreover, you can take time off per FMLA.

Rodney Smith · Answer

First of all, the insurance company may be paying you the wrong amount per week for TTD (temporary total disability).  Your two jobs may be added together to calculate your AWW(average weekly wage).  If your injury is work related, your employer's work comp insurance carrier has to pay all reasonably related medical expenses.  Once you have reached maximum medical improvement, you can try your case in front of an arbitrator or attempt to settle it.

Brian Bourke · Answer

If you filed a Workers Compensation claim, your medical treatment should be covered by that WC insurance until you are recovered.  Your TTD rate in a WC claim is based on 2/3 of your average weekly earnings from both jobs you had at the time of the injury.  You should consult a local attorney near you who handles WC claims to make sure you are getting all benefits to which you are entitled and that you get a fair final settlement when you are released by the doctor.

Britany Engelman · Answer

If you filed a workers compensation claim and then settled that claim, you may be barred from filing another claim arising out of the same incident.

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How do I get compensation for my injury on the job?

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