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Worker’s Compensation Claims

Attorneys in Omaha, NE
Worker’s Compensation Claims

If you’ve been injured or have fallen ill while at work, or on the job at a remote site, you may want to file for worker’s compensation in order to pay for your medical care costs. Worker’s compensation claims can also cover rehabilitation and sometimes cover lost wages if you’ve had to miss work due to your injuries.

In order to get these benefits, you’ll want to contact an experienced lawyer who can assess your situation and help you follow your state’s specific requirements.

How to file a claim

Because you must inform your employer of your injury as soon as possible, before filing a claim you will want to make sure to see a doctor immediately. Many states have a limit on the number of days you can go before notifying your employer. And, your employer will want to know if you’re getting medical care for your injury. In fact, seeking medical treatment and following the advice of your doctor is necessary to win your claim and receive compensation.

In many states, your employer may have worker’s compensation insurance and will be likely to cooperate with you. They’ll have you fill out some forms to notify their insurance. In most cases it is your employer’s responsibility to submit these claim forms to their insurance company. Sometimes, however, you must submit the forms, so be sure to check with your local state laws.

If for some reason your employer won’t cooperate with you and gives you a hard time, you can always call your local worker’s compensation office for help. And, if that doesn’t work, you can consult a qualified attorney to communicate with your employer for you.

What to do when your employer does not cooperate with you

Just like any other type of insurance, when a claim is submitted by someone, their rates go up. For this reason, your employer might fight you on your claim in order to keep their rates low. But there is a way to protect yourself from this possibility. Document everything.

Keep detailed records

To make your worker’s compensation claims case smooth, you’ll want to keep detailed records of everything as it happens. This includes details about when your injury occurred, who witnessed it, witness statements, and any conversations you had with your supervisor about your injury. Be sure to include full names, dates and times to the best of your ability.

What you can get from a worker’s compensation claim

Sometimes an injury is permanent, and you will be entitled to a larger sum of money including the payment of all medical bills, rehabilitation as well as lost wages if you are no longer able to work. However, when an injury is not permanent and doesn’t cause you to lose your income, you might only end up with your medical bills paid. Considering how high medical bills are, it is worth pursuing if you have a case.

Worker’s compensation claims are nothing to be feared, although it may seem intimidating and stressful at first. If you’re unsure about whether or not you have a valid claim, contact an experienced attorney to go over your situation with you and they will help you on your path to getting back on your feet.

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Attorneys in Omaha, NE
Attorneys in Omaha, NE
Attorneys in Omaha, NE

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We Answer
Your Questions About The Law

Attorneys in Omaha, NE

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

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

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

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

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

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

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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Attorneys in Omaha, NE