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Workers' Compensation Claims

Workers' compensation is a form of insurance that is used by employers to pay out medical expenses, lost wages, and other benefits after a worker has been injured as a result of a workplace accident. When a worker is injured, they usually must file a claim for worker's compensation within 30 days of the injury or the illness becoming known to the worker.

Are you seeking to file for workers' compensation?

Generally, the lesser the amount of compensation an employer has to pay, the better for the employer. This is why workers' compensation claims, although they should be simple procedures, often turn out to be longwinded affairs, involving the help and experience of lawyers acting on the employee's behalf. Although most minor accidents may result in a quick payment of compensation to the worker, serious accidents may have employers denying or delaying claims.

Worker's compensation is no-fault claim, which means the worker has a right to compensation without the need for proving employer negligence. However, employers may use other loopholes to deny compensation. For instance, if there were no witnesses to an accident, then an employer may use this as a reason to deny the veracity of the claim. Certain injuries like repetitive stress injury may not be entirely verifiable as occurring due to workplace hazards, even with X-rays and tests. Employers can use this as a reason to deny or delay compensation. The bottom-line is this: workers' compensation laws tend to favor the worker over the employer, but employers may still try to find loopholes.

Seek the Help of a Skilled Injury Attorney

In a situation like this, it is advisable to get a personal injury lawyer involved in the process to protect your rights. An attorney can help evaluate your situation to determine the best way to obtain full and fair compensation; for many workplace injury victims, they may have grounds to pursue a third party personal injury claim. If you are looking for skilled legal representation that you can trust, do not hesitate to turn to Arnold & Itkin today.

About Social Security Disability

In case of an injury causing a disability, a worker can apply for Social Security Disability benefits. This can be done at the same time as you apply for workers' compensation. That's because Social Security Disability Insurance is a federal funded program, while workers' compensation may differ from state to state. Social security benefits can be paid out for the lifetime of the person, unlike workers' compensation packages that come with limited time benefits.

To qualify for Social Security Disability benefits, a worker:

  • Must have a physical and/or mental impairment
  • Must be able to prove that the disability has lasted 12 months, or is expected to last for that long
  • Must be unable to work, or to earn more than $900 a month even if he works, as a result of the impairment.

Before settling a workers' compensation claim, it is important that you seek the advice and guidance of an industrial injury lawyer who you can trust. That's because the terms of your settlement may deny you access to Social Disability, Medicare, and other benefits that you are entitled to. The experienced lawyers at Arnold & Itkin LLP can work to ensure that you receive the maximum benefits to which you are entitled, from all sources combined.

Want to know more about how we can help? Contact an industrial injury attorney from Arnold & Itkin.

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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