The 10 Most Commons Workers Compensation Questions Answered!

FAQ: Workers Comp Attorney Scott D. DeSalvo Answers the 10 Most Common Workers Comp Questions.

Although I can provide brief information as to the 10 most common Workers Compensation questions here, your best bet is to get a copy of my book and CD HERE.

I hope that you find these anwers to your work injury questions to be helpful. I am not offering this basic FAQ as a substitute for legal advice. Only an attorney who knows the details of your case can give you good legal advice. If you have a work injury, get your questions answered by speaking with an attorney who knows the details of your case.

 How Long Do I Have To File A Case?

You must report a work injury to the Company within 45 days, but you have 3 years to actually file the paperwork at the Workers' Compensation Commission. A lot of people think that they only have 2 years, but even if you have long-healed from an injury, you have a right to collect money for a work injury and can file a Workers Compensation Claim as long as you were injured less than 3 years ago.

What Does The Law Say I Am Entitled To If I Have A Work Injury?

Only a skilled Workers Compensation attorney can analyze and maximize what you get in a Workers Comp case, but here are the basics:

1. 2/3 of your pay while you are off work recovering from your injuries;

2. Medical care from a provider YOU choose for treatment of your injuries; and

3. A lump sum payment (called PPD) which reflects the change in your body as a result of the injury - based on your "permanent partial disability".

All benefits paid under Workers Compensation vary in value based on how much money you make per hour. And, depending on the seriousness of your injury, there are many other benefits which you might be entitled to. Consult with a lawyer.

How Long Does A Workers Compensation Case Take?

You should be receiving medical care and pay from being off work right away. If you aren't, you or an attorney on your behalf can bring a Petition before the Arbitrator at the Workers Compensation Commission under Sections 8(a) and/or 19(b) to get your benefits started.

I always tell my clients that it is a HUGE mistake to try to settle a case before knowing that you are fully recovered from your injuries and are back to work doing your full duties for at least a couple of months. Or, if you are seriosuly and permanently hurt, until we have a good understanding of your exact ability to work. We need to know exactly what your medical future holds before settling your case so we get you all of the benefits you are entitled to.

I have settled Workers Comp cases in a month. Others take years, but the most important thing is: making sure that YOU are okay, and that you get all that the law allows you when you have a work injury.

Can I Bring a Work Injury Claim For Pain and Suffering?

Pain and suffering is recoverable in a regular Court case before a Judge and Jury.  But in Workers' Comp, you do not get compensation for the pain you had. 

The good news is, you ARE entitled to PPD (Permanent Partial Disability) or TPD (Total Permanent  Disability) payments, and that is money paid to you for the change in your body's ability to do what you want and need it to do.

Can I Get Fired For Filing a Workers Comp Case?

It is a violation of Federal law to fire someone for filing a work injury claim.

Of course, you will have to make sure that you do not give your employer any other legitimate reason for firing you. If you are fired, but have not been released to return to work when you are fired, you are entitled to continue to get paid your TTD payments until you reach MMI (Maximum Medical Improvement). Otherwise, if you are fired, you can and should apply for Unemployment benefits while you look for a new job, or pursue the company for wrongful termination.

What Do We Have To Prove To Win My Workers Compensation Case?

All you have to prove is (1) that you were injured in the course and scope of employment, and (2) the nature and extent of your injuries.

You DO NOT have to prove that the company did anything wrong.

If you were an employee and were injured on the job, it is very, very likely that you are entitled to receive Workers Compensation benefits. Of course, there are many rules to follow and exceptions, so spekaing with a lawyer if you are in doubt is a very good idea.

What If I Cannot Do My Old Job?

If the doctors have done all they can for you, and you cannot do ANY job, then you are a candidate for a TPD (Total Permanent Disability) award. You will receive related medical care and treatment, and payments, for your life.

If you can return to SOME employment, just not the job you used to do, you may be eligible for what is called a "Wage Differential" award. For example, if you were earning $30 per hour in a great job, and after your permanent injury, you can only get an $8.00 per hour job at a gas station, you may be entitled to be paid a percentage of the difference between $30 per hour and $8 per hour, for the rest of your working life.

Under either situation, you, your lawyer, and the Company may decide to settle the case for a substantial lump sum rather than to opt for ongoing payments.  This is a very strategic, tricky business, and I would urge you to speak with a lawyer about this if you are in this situation (Hint: Call me).

Do I Have To Use A Lawyer In My Workers' Comp Case?

No.

In fact, a friend of mine got treated great by his company, but still wanted to hire me. I TOLD HIM NOT TO. Thee Company was living up to all of its obligations.

But in the vast majority of cases I see, Companies are positioning injured workers to lose their work injury claim or to greatly reduce its value. That's because they have insurance companies and attorneys on their side.

My best advice is to at least consult with an attorney if you have been injured on the job.

Can I Still Bring A Work Injury Claim If My Company Closed Down?

ABSOLUTELY, YES.

Many times people will hold off filing a work injury or Workers Comp claim because they know their company is probably going to close down.

Once a company closes down, their Workers' Comp insurance is still in effect. I handle many cases like this, and even when the company is gone, we can get you all of the benefits you are entitled to receive.

What If My Company Does Not Have Workers' Comp Insurance?

I have run into many cases where a company CLAIMS it does not carry Wokrers' Comp insurance, because this keeps people from asking for their rights, and keeps people from asking for the benefits the law allows.

Usually, when I get involved, suddenly these Companies "remember" their insurance information.

it is a serious offense for a Company not to have Workers' Comp insurance. Most have it.

Even when they do not, I have been very successful in negotaiting benefits and settlements. So, even if a Company truly is not insured, you can still usually get what Workers' Comp law says you are entitled to get.

[The above is informational only, and is not legal advice.  Only an attorney with your particualr facts in mind can give legal advice. You are urged to not solely rely upon the above, and if you have sustained an injury, to consult with an attorney immediately]