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Workers Compensation Claims




Workers compensation or workers comp is a government-mandated program that pays benefits to employees who sustain an injury or become sick on the job or due to their work. It functions as a disability insurance mechanism for workers. Thus, offering monetary benefits, healthcare benefits, or both to workers that sustain injuries or become ill as a direct result of their work.

“Going through any claim can be a strenuous process. Your claim may be accepted or rejected even when you are not the cause of any damage incurred,” says personal injury attorney Sheryl Lam.

Most firms need Workers comp insurance to cover employees that sustain injuries on the job. Though employees are not required to establish responsibility to get benefits, the worker compensation process entails multiple steps, and insurers may ultimately dismiss their claims.

Benefits from Workers Compensation

Almost every state mandates that employers must provide workers comp coverage to their employees. Below are the different types of workers comp benefits:

#1. Medical Benefits

After a claim approval, workers comp insurance reimburses medical expenses for employees due to the injury or illness. The medical expenses include doctor appointments, drugs, chronic pain management, physical therapy, surgery, hospital treatment, and equipment like crutches and wheelchairs.

The reimbursement of medical expenses continues until the injured worker reaches Maximum Medical Improvement (MMI), which is the point of no further treatment that can help them get better. 

When this is the case, there may be a limitation of paid medical costs to only those treatments that aid in maintaining MMI, and benefits may be subject to time constraints. At this time, there may be an assignment of the disability of an employee, the establishment of continuing work restrictions, and the settlement procedure.

#2. Disability Benefits

If an employee cannot work due to work-related injury, disability payments might help to replace some of their lost wages. The employee earning capacity, disability type, and state rules determine the amount of pay replacement. The calculation entails using the weekly pay of employees before the injury.

Employees who require time off to recover or receive medical care can use these disability benefits to supplement their income until they return to work. This workers comp benefit might last a lifetime if an employee experiences a permanent disability but only until their temporary disability benefits have run out.

Furthermore, the employee level of disability determines whether disability benefits are temporary or permanent. Temporary and permanent disability compensation is available in two forms: total and partial:

  • Temporary total disability: the employee cannot work for some time, but there is an expectation that they will return to their job after recovery.
  • Temporary partial disability: an employee can perform some of their duties, but only in a reduced capability or part-time.
  • Permanent total disability: the employee sustains a lifelong injury and will never return to their previous position or do any job.
  • Permanent partial disability: the injury can be life-lasting, and the individual can return to work, but only at a reduced capacity, preventing them from earning as much money as they did before the injury.

#3. Rehabilitation Benefits

Injured workers who are permanently incapacitated and unable to return to their previous job can benefit from vocational rehabilitation. Rehabilitation benefits often cover career training, resume assistance, job growth and placement, tuition, books, skills assessment, and testing. Rehabilitation benefits cover retraining expenses so that an employee can get the new skills or qualifications needed to get back to work in a job that pays as much as their former one did.

Limitations to Worker Compensation Claims

One of the most significant drawbacks of workers comp claims is that they provide limited benefits to injured workers. These benefits are limited in that they do not account for non-economic damages. This is one of the most significant distinctions between a workers comp claim and a personal injury claim.

The victim must prove that the defendant is to blame for their injuries in a personal injury case. If successful, they can be reimbursed for both economic and non-economic damages. A personal injury case compensation covers economic damages similar to those covered by workers comp claims, such as past and future medical expenditures, missed wages, loss of earning potential, and property damage.

Non-economic damages, which compensate accident victims for the total decline in quality of life they experienced due to the accident, including pain and suffering, are not covered by a successful workers comp claim. Workers comp compensates for economic losses, ignoring the psychological and emotional impact of an accident on the life of workers.

Challenges in Pursuing a Workers Compensation Claim

While an injured employee does not have to establish that anybody else is to blame for their injury, they sometimes find it hard to get the benefits. The insurance carrier of a company manages the compensations of employees. Anyone who has worked with an insurance company following an accident knows how frustrating it can be.

An insurance company will frequently challenge a workers comp claim in the hopes of lowering the amount of money it must payout. Insurance firms will sometimes deny that the injuries are work-related. 

An insurance company may also assert that the injuries are not as severe as they claim. For instance, an insurance company may deny permanent disability compensation by arguing that injured workers can still fulfill their job obligations despite their injuries.

What To do When the Insurer Denies the Claim

The best step to winning a claim is consulting an experienced lawyer. Your lawyer can negotiate compensation with the insurance company on your behalf. If an insurer disapproves of your claim, your lawyer can help you file a lawsuit against the insurance company and can defend you as well.

The lawyer will give you feedback on every step of the claims regularly. Filing paperwork, obtaining proof, and negotiating can all take a lot of time and effort. The process can be taxing, particularly if you are healing from significant injuries. Working with a lawyer can alleviate some of the stress while also potentially improving the outcome of your case.


Dealing with legal problems, especially after suffering a work-related injury, can be incredibly exhausting for non-lawyers. The filing process for benefits is not usually straightforward sometimes and occasionally necessitates consulting an experienced attorney. Thus, before filing a workers comp claim, it is advisable to consult an experienced attorney.

Jenny is one of the oldest contributors of Bigtime Daily with a unique perspective of the world events. She aims to empower the readers with delivery of apt factual analysis of various news pieces from around the World.

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A Step-by-Step Guide to Hiring the Right Personal Injury Lawyer




Are you dealing with injuries, loss of income, and hefty medical bills because of an accident that was not your fault? If yes, you need the services of an excellent personal injury lawyer. But how do you determine if a lawyer is a perfect match for your personal injury case when you have so many options? This step-by-step guide aims to teach you the critical steps to hiring the best personal injury lawyer in your state.

1. Know Why You Need a Personal Injury Attorney

Typically, you must hire the right personal injury lawyer if you are pursuing a lawsuit for personal injury. As defined on Forbes, a personal injury lawsuit is a civil action that an injured person takes against a person or company responsible for an accident that resulted in injuries. 

For instance, you get into a car crash or slip and fall incident in the workplace because of someone else’s fault. You can sue the party responsible for injuries, lost wages, medical bills, and mental anguish. 

But there are instances you may not need a personal injury attorney despite being in an accident. For example, a minor fender bender where no one sustained injuries or had their property damaged is easy to resolve without involving lawyers. So, after an accident, evaluate the damages incurred. If they are severe, search for a personal injury attorney.

2. Do Extensive Research

Where do I begin my search? Referrals are valuable because you can ask specific questions regarding the lawyer’s communication style, availability, litigation experience, and fee structure. So, ask family and friends to recommend someone they have worked with. Search for attorneys in your area online if you need referrals. You can type a simple search query like ‘personal injury attorney near me’ on Google. Alternatively, look for a lawyer through online directories. 

3. Schedule Free Consultations

You want to know what a personal injury lawyer will do for you. Therefore, schedule a free consultation meeting and ask questions like:

  • What will you prioritize in my case? 

The right attorney will focus on getting justice and fair compensation to ensure your stress-free recovery. Communication should also be a top priority. The lawyer should communicate with you using simple terms to help you understand your legal rights. More importantly, they should update you about the case progress on time. 

  • Do you have experience handling cases like mine? 

As lawyers at Cohen, Feeley, Altemose & Rambo law firm mention, experienced personal injury attorneys will guide you through the legal process. Even more interesting, they will handle negotiations on your behalf to safeguard your rights. So, make sure your lawyer has experience in personal injury law. 

It would be better if they had specialized experience handling cases like yours. For example, if you are pursuing a truck accident lawsuit, you will want a personal injury lawyer with expertise in dealing with trucking accident claims. 

  • What is the value of my personal injury claim?

After evaluating your case, a skilled attorney should tell you the worth of your personal injury claim. What you should be cautious of are unrealistic estimates and guarantees. There are no assurances in personal injury claims. If a lawyer promises a higher settlement that sounds too good to be true, do not fall for it because they are lying. 

  • How much are your legal fees? 

Personal injury lawyers work on a contingency fee arrangement. Based on Cornell Law School, a contingent fee structure allows lawyers to receive a certain percentage of the total settlement value a client wins. As a result, you do not pay your legal representative any upfront fee. 

4. Check Testimonials 

Aside from experience, work with a trustworthy and reputable attorney. You can quickly determine a lawyer has an outstanding reputation by reading testimonials from past clients. 

Find out if the clients feel happy about the outcomes of their case. How about the style of communication? Does the lawyer explain legal terms in simple language? 

A reputable lawyer will receive positive feedback from clients and respect from peers. Also, check with your local bar association to ensure your preferred lawyer doesn’t have disciplinary actions against them. 

5. Select Your Lawyer

At this point, comfort matters a lot. Do not choose a lawyer you feel uncomfortable discussing your legal issues with. Also, ensure they have the experience and resources to win your personal injury claim. Equally important, they should have an excellent reputation. 


When you are a victim of an accident that someone else caused out of negligence, you need to seek justice and compensation for your injuries. There is only one way to achieve these goals. You must work with the best lawyer to pursue a personal injury claim. True, choosing the right one can be challenging. But you can make an informed decision if you follow this step-by-step guide to hiring the right personal injury lawyer. 

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