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Answers to Common Questions

What is Workers’ Compensation and who is eligible?

Workers’ Compensation is a claim filed against the employers insurance. This entitles the injured individual to medical coverage, lost wages, and money for permanent damage. By law, anyone who is injured while working is covered by Workers’ Compensation.

I just got injured while at work, what do I do now? 

First ensure that you are seen by a proper medical professional right away. Next, make sure your employer is immediately notified about this accident. Different forms will also need to be filled out and submitted to Court in order to protect your rights. It is highly advisable you speak to a Workers’ Compensation attorney to ensure your rights are protected.

 Do I really need an attorney? 

Although, you are not required to obtain an attorney, retaining one is highly recommended. The attorney will ensure all required documents are properly filled out and submitted to Court in a timely manner. Furthermore, the attorney makes certain that you receive all the money you deserve.  Since the insurance company has hired attorneys in order to figure out a way to pay you the least amount of money as possible, it is highly advisable for you to retain an attorney to maximize the money due to you.

Who will cover my medical bills if I go to the doctor/emergency room for treatment? 

By law the Workers’ Compensation insurance carrier must cover all medical bills related to a work related injury.

I got injured last month, can I still file a Workers’ Compensation claim?

 Technically, you have 2 years to file a Workers’ Compensation claim. However, it is highly recommended to file the claim right away. The longer someone waits to file a claim, the more likely it will be that that claim will be denied. Furthermore, an employer must be notified of the accident within 30 days, otherwise the case will automatically be denied.

Can my employer fire me, or will I lose my job if I file a Workers’ Compensation claim? 

An employer is not allowed to fire an employee just because a Workers’ Compensation claim was filed. 

How often do I need to see the doctor? 

You are entitled to be seen by your doctor as often as is deemed necessary by your doctor. If you remain out of work, we advise that you be seen at least once every 45 days.

How soon can I go back to work?

As soon as your doctor clears you to go back to work.

Do I pay the attorney any money upfront? 

No. The attorney does not get paid unless he is able to recover money for you.

When will I get compensated for the time missed from work? 

If you miss time from work due to a work related accident, you could be entitled to money of lost wages. The amount of time it takes to recover this money varies depending on many factors. This could take a couple of months, if the insurance carrier isn’t disputing the claim. However, it can take as long as 1 to 2 years, if the case goes to trial and there is an appeal.

I already have an attorney, can I switch attorneys?
An injured person is allowed to choose the attorney of their choice. If not satisfied with their current attorney, you are entitled to change attorneys.