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