Workers’ Compensation Attorneys
If a worker suffers an injury or illness due to dangerous conditions on the job, it’s possible in most states to recover compensation through workers’ compensation insurance companies. Workers’ compensation covers medical expenses resulting from workplace injuries and illnesses. In case of a work-related injury or illness, contact a reliable workers’ compensation lawyer for assistance.
Every state uses a different system to help workers get benefits and to appeal a denial if insurance companies initially deny benefits. If you need help with a workers’ compensation claim and maximizing your compensation, the experienced and knowledgeable workers’ compensation attorneys at Jacoby & Meyers, LLP are here for you. We have successfully represented clients in various workers’ comp cases to help them get the compensation they deserve.
Why Choose the Workers’ Compensation Attorneys at Jacoby & Meyers, LLP?
At Jacoby & Meyers, LLP, we have over 50 years of experience helping our clients succeed with workers’ comp and Social Security disability claims. Our personal injury lawyers offer representation for workers all over the country, with local offices allowing for convenient communication with our attorneys.
Over the years, we have recovered millions in settlements and verdicts for our clients, including workers who’ve sustained injuries in work-related accidents and developed work-related illnesses. We provide representation across the country with local offices allowing optimal convenience. If you cannot meet us at one of our offices, we can connect with our clients virtually.
To find out whether we can help you with a workers’ compensation claim, call us for a free case evaluation with our attorneys. We’ll discuss your case and determine whether you’ll benefit from our assistance.
“I had an amazing experience with Jacoby & Meyers, LLP. I would highly recommend them for anyone needing a law firm.” -Paul T.
Compensation in Workers’ Comp Cases
Generally, workers’ compensation covers the medical expenses resulting from a work-related injury or illness. These expenses include hospitalization, ongoing medical care, prescription medications, urgent care treatment, rehabilitation, and more. Additionally, some systems may compensate for transportation to and from health care facilities, including ambulance rides and future transportation, if workers cannot travel to appointments independently. In some states, coverage may also apply to mental health care.
Apart from compensation for medical expenses, many workers’ comp systems cover a percentage of a worker’s average wages to help cover lost income. This amount varies from state to state, but most states have a maximum compensation for weekly wage replacement. In addition, if a worker dies due to work-related injuries or illnesses, workers’ compensation may pay survivor’s benefits, but the individuals who qualify for these benefits vary depending on the state.
Workers’ compensation insurance operates differently in each state. To determine what coverage is available to you in your location, review your state’s workers’ compensation authority or speak with a workers’ comp lawyer.
How Work-Related Injuries and Illnesses Develop
Work-related incidents cause many injuries, illnesses, and deaths annually. According to the World Health Organization, nearly two million people die yearly from work-related causes. Many risk factors increase the chances of sustaining injuries or developing illnesses on the job. Still, most states enable workers to recover compensation in the event of a work-related incident that causes harm.
Many people may be responsible for these incidents in these cases, including negligent employers, workers, manufacturers, and others. Most states in the U.S. provide compensation to victims regardless of who was at fault. This approach benefits both sides as neither the employee nor the employer needs to prove fault.
Many work-related incidents could lead to a workers’ compensation claim. In some instances, workers may develop injuries due to accidents or malicious intent, or they may develop illnesses resulting from exposure to harmful substances in the workplace.
Regardless of your workers’ compensation claim circumstances, the attorneys at Jacoby & Meyers, LLP can help workers get the compensation they deserve for their work-related injuries or illnesses.
Common Work-Related Accidents & Injuries
As mentioned, there are many potential causes of work-related injuries and illnesses. The National Safety Council (NSC) has found several common causes of these injuries and illnesses.
Some potential causes of work-related accidents and injuries include:
- Exposure to harmful environments and substances. According to the NSC, harmful environments and substances are the leading causes of work-related injuries. They may involve exposure to electricity, radiation, noise, air or water pressure changes, temperature changes, oxygen-deficient environments, harmful substances such as infectious diseases, or stressful or traumatic events.
- Overexertion and bodily reaction. Another common work-related accident involves overexertion and bodily reaction. Workers may suffer from non-impact injuries from strenuous physical activity such as holding, lifting, carrying, and pushing. Activities involving repetitive motion may also cause injuries, such as heavy lifting.
- Slips, trips, and falls. Workers often slip, trip, or fall and sustain various injuries. Employees may endure injuries from falls on the same level, falls to lower levels, slip and trips without falling, or jumping to lower levels.
- Contact with equipment and objects. Contact could involve moving objects striking workers, workers striking against equipment or objects, equipment squeezing part of a worker’s body, collapsed objects causing crushes or other injuries, and other accidents.
- Transportation incidents. Accidents may also take place during transportation. Examples of transportation incidents include motor vehicle accidents and non-roadway incidents involving forklifts and other vehicles.
If a work-related accident takes place, there are many injuries and illnesses that workers may suffer, including:
- Head and neck injuries
- Traumatic brain injuries
- Back injuries
- Spinal cord injuries
- Soft tissue injuries
- Fractured and broken bones
- Torn tendons and ligaments
- Loss of vision, hearing, or other senses
- Repetitive stress injuries
- Illnesses from exposure to toxic chemicals or mold
- Mental illness
- Chronic obstructive pulmonary disease (COPD)
- Black lung disease
- Post-traumatic stress disorder (PTSD)
Negotiating with Workers’ Comp Insurance Companies
If you sustain a work-related injury or develop an illness you believe is from your job, you typically file a claim with your employer’s workers’ compensation insurance company. While the process may seem simple, each state has specific requirements when it comes to filing claims and obtaining benefits. If you are unfamiliar with the process, you could inadvertently compromise your claim, leading insurers to deny the claim.
Understanding the specifics of your state’s procedures is important to help you succeed. Working with experienced workers’ compensation lawyers who know the state laws specific to your claim can help you fight for compensation effectively.
The lawyers at Jacoby & Meyers, LLP have the knowledge and resources to help you better understand what the claims process will entail in your case. We can review the details of your case and inform you of the procedure involved. This information may help you recover compensation from workers’ comp insurers.
What to Do After a Work-Related Accident
While each state has unique procedures for obtaining benefits in a workers’ compensation case, there are some general steps to consider. Keep in mind that there is a statute of limitations for all workers’ comp cases. These statutes give workers a limited time to report injuries and file claims. Therefore, be sure to report injuries or illnesses and begin the claims process as soon as possible following a work-related incident.
Below are some of the specific steps you can take after sustaining a work-related injury or illness:
Seek Professional Medical Care
Visit a doctor immediately after your work injury or early symptoms of a potentially work-related illness. Your available doctor will depend on your state. Some workers’ compensation authorities require employees to see an authorized and approved medical professional. In other cases, employees can freely choose a doctor. If you need to see an approved doctor, you can likely get a second opinion from another doctor, including your primary care physician.
Typically, your healthcare provider or physician must file a form disclosing your injury or illness before you file a workers’ comp claim. When you visit your doctor, clearly indicate that the cause of your visit is job-related, and obtain copies of all medical records, bills, and treatment recommendations.
Notify Employers, Insurers, or Both Parties
The next step after seeking treatment is to report your injury or illness to your employer, the employer’s workers’ comp insurance carrier, or both. In many states, you must provide written notification for your report to qualify as a workers’ comp claim. Your employer or the insurer should let you know what information you’ll need to submit for a proper report. Remember that the statute of limitations for workers’ comp cases begins at the time of an accident or upon discovering injuries or illnesses, which is why you need to report as soon as possible.
File the Workers’ Compensation Claim
While employers or insurance carriers may become aware of your intent to file a claim when you notify them of your injury or illness, other states may require you to file a claim with insurers directly. Some states require employees to complete a specific form, but others allow online or letter filing. If you need assistance completing or understanding the appropriate forms, seek the help of a workers’ compensation lawyer when preparing your claim.
Insurers Review the Claim
The workers’ compensation insurer will then review your claim. The time it takes for the insurer to review the claim depends on the case, the state, and other factors, but they will eventually issue a response. Specifically, the insurer will either approve or deny the claim, but they may dispute it in certain cases. Upon approval, the insurer will start sending benefit checks through the commission or board in your state.
Appeal a Claim Denial
The workers’ compensation insurer may deny your claim if it doesn’t believe you have a valid case. There are many reasons why an insurer may deny a claim. For example, an insurer may deny a claim for an injury because of the worker’s behavior that contributed to the injury, even if there’s no denying the injury is work-related. Some cases may result in a denial if the injury or illness appears to have developed outside work.
If the insurer either denies or disputes your claim, you might succeed with an appeal. The appeal process could go through a judge that works under a panel or your state’s workers’ compensation authority. In some states, you might go through an appellate court to appeal a denial. Be sure to review the rules in your state regarding how to approach the appeals process.
Consult an Experienced Workers’ Compensation Lawyer
If you’ve sustained a work-related injury or developed an illness you believe resulted from exposure to harmful substances on the job; you can file a workers’ comp claim. The claims process may be unclear and confusing for workers unfamiliar with filing a claim in their state. For assistance with your claim, including help with learning about the laws in your state and completing forms, speak with an experienced and reputable workers’ compensation attorney.
To find out how the attorneys at Jacoby & Meyers, LLP can help you with your case, call for a free case evaluation to discuss your case. Get started by calling our offices at (212) 445-7000 or contact us online today.
Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
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