Workers Compensation Law

Workers Compensation laws are different in that they are designed to compensate employees who are injured or disabled on the job without the need for litigation. Benefits for dependents of those workers who are killed because of work-related accidents or illnesses are also provided under these laws.  

Some laws also eliminate the liability of co-workers in most accidents. State Workers Compensation statutes and Federal statutes address such issues as Black lung, industrial accidents and In Utero Workplace Injuries.

If you wish to discuss your particular claim and representation, see our Contact Us page to schedule a free consultation. During a consultation, we obtain general information about you and your case. We also use an interview sheet that gives us additional information we need.

Although no attorney can guarantee that your claim will run smoothly with their representation, we can take a great deal of the burden off of you. You will know that you have someone that is truly on your side. We understand and know the law to dispute issues with your claims managers, vocational counselors, and nurse case managers. In addition, if we represent you early on, we can try to stop your claim from going down the wrong path, rather than come in later and have to catch up.

If you have suffered an industrial injury (a condition caused by a one-time, sudden tangible event), or an occupational disease (a condition caused by repetitive work activities), you may be entitled to benefits under a workers' compensation claim.

If you have an industrial injury, you must file your claim within one year of the accident. You and your doctor should submit an accident report to the department. If you have an occupational disease, generally, you have two years to file a claim.

Under such claims, you are entitled to benefits including:
1. Necessary and proper medical treatment for conditions related to your work activities;
2. Time loss compensation, if you are unable to work due to your conditions related to your work activities;
3. Vocational services if you are unable to return to work due to conditions related to your work activities; and
4. Permanent disability, either permanent, partial disability or total, permanent disability (pension).

The above are the four primary benefits available under a claim. There can be other issues that arise under your claim. For instance, you may have been told that you cannot receive social security benefits and time loss at the same time; this is rarely accurate. In addition, you may have been told that you cannot reopen your claim after seven years. However, you may need to speak to an attorney to determine how to calculate the seven years and whether you are entitled to, at minimum, treatment after the seven year period.

You may wonder when do you need representation. Not all injured workers need representation; however you may not know until you speak to an attorney. This is why we provide free consultations.

If the department makes a decision, or issues an order, with which you disagree, you have the right to dispute the order by filing a protest for request for reconsideration or an appeal to the Board of Industrial Insurance Appeals. Note that decisions and orders have strict deadlines for dispute.

An attorney can help you decide whether it is in your best interest to file a protest or an appeal. If you appeal to the board, there are board and court rules that you must know. The initial process at the board is a mediation conference to determine whether the appeal can be settled. If mediation fails, the appeal is sent on to hearings. The hearings consist of testimony from you, lay (non-expert) witnesses, and expert (medical or vocational) witness(es). Although the setting of a hearing is informal, the procedure is very much like a trial. More importantly, it is your only day in court and your time to thoroughly tell your story.