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Compensation for Injured Workers

Several decades before the passing of the groundbreaking Occupational Safety and Health Administration Act of 1970, responsibility for industrial accidents in the United States was shared—25% were the employer's fault, 25% were blamed on the worker, and the remainder were a matter of chance, blamed on the hazards of the profession and, as such, not really anyone's fault. The concepts of responsibility and accountability have changed dramatically since then. Worker friendly legislation has paved the way for workers to be compensated for expenses and lost income that occurs as a result of an industrial accident or injury in the workplace, and those expenses can be extensive.

A worker who suffers a workplace injury or illness can expect to pay:

  • Hospitalization expenses;
  • Medical bills; and
  • Costs of rehabilitative therapy

Long-term expenses can also include the costs of professional care such as specialized in-home care, future medical expenses arising from the work related injury, loss of wages if unable to resume work, and the effects on family life. It can also involve the long-term health effects of the injury, including physical, mental and emotional effects, counseling for the worker and their family, as well as vocational rehabilitation.

About Workers' Compensation Insurance

Workers' compensation is the primary form of compensation paid to the worker and is a no-fault system, meaning that workers need not prove that their injuries were caused by employer negligence. It covers medical expenses, as well as rehabilitation expenses, and provides income benefits. Unfortunately, some employers delay the payment of benefits, pay less than is deserved, or even deny compensation claims outright. Even when compensation is provided, other factors may prevent a worker from accessing the benefits that that are rightfully theirs. For instance, an insurance company may refuse to cover the medical treatment that's recommended by the worker's doctor.

For too many workers, the process of claiming and receiving workers' compensation benefits is a long, complicated, and confusing one, placing them at a disadvantage without the help of qualified experts on their side. The important thing to remember in the case of an accident or injury, is this: employers have likely confronted several such accidents and injury cases on their premises and know how to deal with them, while an injured worker who's probably in the position for the very first time, does not. An uninformed victim is at a distinctly unfair advantage.

For many individuals, they may also have a third party personal injury claim instead of solely the chance to file for workers' compensation. It is therefore crucial that they discuss the specifics of their situation with a lawyer who is knowledgeable in both personal injury and workers' compensation claims. Compensation is about more than medical payments, food, grocery, and utility bills for the present. It's critically important to factor in long-term expenses that the compensation package may simply not cover. The injury lawyers at Arnold & Itkin LLP can help you do just that.

Personal Injury Claims

Workers' compensation benefits may be grossly inadequate to cover the real long-term costs that result from a catastrophic injury or wrongful death caused by an industrial accident. When that happens, injured workers and their families can seek remedies in court in the form of a personal injury claim against one or more parties if the accident was caused by their negligence or misconduct. An experienced industrial injury lawyer can help you determine the extent of your losses and the amount of compensation you can justly claim. Depending on the nature of the injury, claims for compensation can include consideration not only for the immediate costs of medical care, but also for ongoing medical and rehabilitation costs, pain and suffering, lost future income potential, and other factors that may not be easy to estimate without the help of a skilled and experienced personal injury lawyer.

Know Your Rights & Options for Compensation

The experienced personal injury lawyers of Arnold & Itkin LLP can help you understand your options for claiming compensation. We have worked with hundreds of injured clients over the years, and we understand both the immediate and ongoing costs of injury, as well as the impact that a serious injury can have on individuals and their families. We can evaluate the details of your case and advise you on an appropriate course of action to follow.

Do not hesitate to contact Arnold & Itkin today to discuss all possible legal options and avenues of action.

Client's portion of total recovery may be subject to Medicare/Medicaid reimbursement claims, Medicare/Medicaid liens or other third-party claims or liens. These verdicts and settlements are intended to be representative of cases handled by Arnold & Itkin, LLP. These listings are not a guarantee or prediction of the outcome of any other claims.

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