Legal Practice Areas

Job Related Injuries

Nobody expects to be injured at work, but it does happen more often than you might think. And if it has happened to you, it’s not necessarily your fault. Your employer is generally responsible for your safety. This means if you experience job related injuries, your employer may be responsible for covering your medical bills as well as any lost wages you may have incurred as a result of your injury.

Most states require employers to carry worker’s compensation insurance for this very reason. Employers know that job related injuries are a high probability, and the worker’s compensation insurance exists to cover those costs.

As with any type of insurance, the more an employer has to pay out for claims, the higher their premiums rise. So it goes without saying that employers will do anything they can to get out of taking responsibility for job related injuries.

And, since employers have likely been involved in multiple worker’s compensation claims, they will know more than you about what they can get away with. They might say anything to get you to believe they are not responsible, and even lie to you hoping that you will drop your claim.

What does worker’s compensation insurance cover?

Worker’s compensation insurance will pay a portion of your regular wages while you are recovering from job related injuries.

Before filing a worker’s compensation claim, make sure it’s really job related. And, make sure your job is covered by worker’s compensation laws. Some classifications of workers are exempt such as independent contractors, housekeepers, agricultural workers and railroad workers just to name a few.

If you’re not sure your claim is work-related, or that your job does qualify, you can always contact an attorney for a consultation and they can help you make the determination as to whether or not you have a valid case.

What types of job related injuries are covered by worker’s compensation?

Generally, any injury that occurs on the work premises would be covered by worker’s compensation. Surprisingly, this includes preexisting conditions that may have worsened due to your job, and in many states even if you disregarded safety rules your injury may be covered.

You need a lawyer on your side if you want to win

Because of the tendency for employers to attempt to wiggle out of taking responsibility for job related injuries, if you want to win your case you need an experienced lawyer working on your behalf.

An experienced lawyer will know if what you’ve been told by your employer is valid, or a lie. They will help you through the often time consuming, confusing process and make it easy for you to understand all of your options so that you can win your case and receive the compensation you deserve.

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Your Questions About The Law

What is the political subdivision Tort Claims Act and should I care?

The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

How long will my personal injury claim or lawsuit take?

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

Should I take an insurance company’s first offer?

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

What is maximum medical improvement?

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

What is my workers’ compensation claim worth?

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Can a child custody order be modified?

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

How long do I have to bring a personal injury claim to court?

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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