When it comes to things as important as workers comp, you want an attorney to handle your case who is experienced and has expertise. For this reason you should seek a lawyer who specializes in workers compensation claims, and has handled such cases for at least five years.

There are also some things you should know regarding workers compensation, especially if you live in Orlando, which will help you when making your claim. The following should not been seen as legal advice, be sure to seek the counsel of a workers compensation attorney in your area who may be able to assist with your claim.

Workers compensation is a no fault system that lets injured or sick people receive specific benefits from their employers. This includes medical care and a portion of one’s wages. It is important to remember that workers comp is not a lawsuit, and that would have to filed separately with the help of an attorney. Typically such a lawsuit would only hold up in court if the employer demonstrated extreme negligence.

The instant you or someone you know is injured, they should notify their workplace. Do not wait until an injury get worse or “tough it out”. Once the injury report is filed with the state’s workers compensation board, you can begin the claim process. Moreover, the longer you wait to file for benefits the more likely you’ll be seen as a fraudulent claim. Don’t forget to include the the names of all witnesses, and a thorough description of how, when, and where the injury took place.

Typically your benefits are equal to 66% of your regular wages and salary; however, there are several other factors that contribute to this amount. Whether or not the injury was permanent or temporary and total or partial. Someone filing workers comp may also receive a lump sum settlement, which takes into account a worker’s earnings and life expectancy.   But this is dependent on how severe the impairment was (e.g., the loss of a limb, paralyzed, etc.).

Do you have questions for a [http://www.orlandoworkerscompensationattorney.com]Workers Compensation attorney in Orlando? Then you should be sure to check out OrlandoWorkersCompensationAttorney.com; here you’ll find a qualified attorney who will answer all of your questions and concerns , including how much you’re entitled to claim, with no obligations or commitments.

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According to a Consumer Reports article, in the 1970′s, President Nixon created the National Commission on State Workmen’s Compensation Laws to study the terribly-low benefits being given to disabled workers. The committee recommended every state be required to pay 2/3 of the salary of any worker who is totally disabled. To this day, there are still 17 states who don’t do this for people with no other options for income. Workers compensation not only protects employees, it protects employers in very litigious times.

In many states, a majority of employers STILL operate without the required workers compensation insurance. And, most of those do not plan to purchase insurance. But, employers MUST have workers compensation insurance if their business meets the minimum requirements in their state of operation. It should be thought of as a non-negotiable business expense and not a “nice to have” line item.

Employees must be protected on the job from workplace injuries through safe work environments. When injury does occur on the job, employees must have safeguards against personal financial hardship. It’s the law for most businesses and a good idea for everyone else. And, if you’re concerned about fraud from lazy or disgruntled employees, don’t be. Less than 1% of workers compensation cases filed prove to be fraudulent.

If you do not yet have workers compensation insurance, there are many resources for you to get it quickly and easily. You can shop by phone, in person or online. The last of these is a great way to shop and buy insurance. There is no need to leave your office and you can get all the information you need immediately regarding your state’s regulations and rates. Insurers Web sites that specialize in workers compensation insurance will be well equipped to help you wade through all the complexities of your state’s laws to arrive at the most cost-effective plan.

Several factors may affect your rates including:

*    Number of employees in your business

*    Level of personal risk for jobs done

*    State where you conduct business

Also good to note, if you’re paying more than $5,000 annually in workers compensation premiums, you should be getting a dividend back each year.

In the end, even small businesses can benefit from [http://www.shopinsuranceonline.com/]workers compensation insurance coverage. A single injured employee can lead to a multi-million dollar lawsuit and staggering legal fees, while the premiums for workers compensation insurance are a fraction of that, no matter how many years you’re in business!

Cleva Smith

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If you have suffered work related injuries, you are probably entitled to workers compensation. I say “probably” because most states allow employers that have fewer than 2 or 3 employees to not have workers compensation. Assuming that your employer does have workers comp insurance, then just what benefits are you entitled to for work related injuries?

There are 3 classifications for the benefits.

1. Medical Treatment

Employers that are required to provide workers compensation are required to pay all medical bills for treatment of work related injuries. But, and this can be a big but, employers have the right to tell employees to go to certain medical providers and, in most cases, the employer only has to pay the medical providers that it has selected. If you want to go to your own doctor instead of the doctor selected by your employer, you will have to pay your doctor yourself.

2. Lost Wages

When an employee misses work due to work related injuries, the employee may be entitled to lost wages. Generally, the amount paid for lost wages is a portion (2/3 or 3/4) of the employees normal wages. In most cases, this amount is OK because workers comp benefits are not taxable. Most states have some qualification for receiving lost wages such as requiring that employees miss a certain amount of work before the employee is entitled to lost wages.

If a doctor tells you that you can perform light work and your employer has light work for you, then you must perform the light work. If you cannot perform your normal job and refuse to perform the light work that your employer has for you, then you will not be entitled to lost wages.

3. Other Benefits

Employees who suffer work related injuries may also be entitled to other benefits such as compensation of disfigurement, vocational rehabilitation, and permanent disability.

If you have a scar or some other form of disfigurement that results from a work related injury, then you are entitled to compensation.

If you can no longer perform your previous line of work because of your injuries, you are entitled to vocational rehabilitation that will either allow you to perform your line of work or to learn a new line of work.

If your injuries prevent you from working in the future, then you are entitled to compensation for total disability and to receive future medical care for your injuries.

This is general information only. If you have any questions whatsoever about workers compensation, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Stop! Wouldn’t you like to know more? FREE eBook and more information are here on Workers Compensation. And click here for more insights on Workmans Comp Settlements.

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When an individual is injured while on the job at a company that offers workers compensation, there is a specific process that must be followed in order for the claim to be considered valid and result in payments to cover the injuries and time spent away from work.

Prior to making any claim to the insurance program, the injured worker or his or her representative must inform the company or employer that an injury has actually occurred. While doing this, it is important to provide medical information to the employer so that everyone knows what the injuries were and what is expected for recovery.

To gain workers compensation, the injured worked does not, generally speaking, have to send a written claim form to the insurer in order to receive workers compensation. Instead of a written claim, once the insurer is informed of the injury by the employer, the worker, or a third party representative, the insurance company will offer provisional liability payments. These payments start within seven days, in most cases. During this time, the insurer will investigate the facts of the injury and the extent of the injury and make a decision either to continue the payments or to stop further payments.

After being informed of the injury, the insurance company, before provisional liability payments begin or a claim is even accepted, the insurer will need certain facts. The company will investigate the matter by questioning both the employer and the worker. In addition, information from the treating doctor will be sought.

Within seven days of being informed verbally, electronically, by form, or by any other method that an injury has occurred, the insurer must start provisional liability payments to the injured worker. In some rare cases, there may be a valid, reasonable excuse not to start payments within this period. The insurer must also decide how long it is going to make provisional liability payments. These payments can carry on for a maximum of twelve weeks.

In the event that a claim form is submitted following the initial notification of the injury and the start of provisional liability payments, the insurer then has twenty-one days or until the end of the provisional liability period to make a decision. The insurer, in this instance, can decide to extend the provisional liability period for another four weeks, based on the type of injury and the level of incapacity.

For more information on the workers compensation claim process, please visit http://www.pennsylvaniaworkerscompensationattorney.com.

Joseph Devine

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Any injury or illness that occurs from or during the course of employment can be deemed as a workers compensation injury, normally providing it can be shown as at least part work related. Any employee that seeks to file a workers compensation injury claim must be able to prove a direct correlation between their injury or illness and their work environment. While some injuries are easy to prove as workers compensation injuries others require investigation and medical testing.

What is a workers compensation injury?

Some examples of workers compensation injuries include:

• Inadequate machinery or tools
• Slick or wet surfaces
• Dangerous chemicals or materials such as asbestos
• Faulty equipment
• Repetitive use of computers
• Lifting or bending
• Car accident whilst working or traveling to and from work

I’ve been injured, now what?

If you’ve been injured on the job and are seeking compensation then you should:

Seek medical attention – Your injury should be seen by a doctor no matter how major or minor it may seem in your personal opinion. Only a medical doctor can offer a proper diagnose of your condition and prescribe a treatment plan to get you on the road to recovery.

File a claim -Whether you choose to file a claim on your own or to hire a workers compensation attorney you need to file a claim as soon as possible. There are statutes of limitations for workers comp claims that must be adhered to.

Not sure if you need a lawyer?

If you are not sure whether you need the help of a workers compensation injury lawyer here, are few questions that may help you decide:

Have you suffered severe injuries as a result of a workers comp injury? – If you have suffered a severe injury then you should always seek the immediate help of a specialist lawyer

Are you being pressured to settle a claim? – Don’t give in to pressure to sign off on any documentation or settlements.

Get advice before signing away your rights

Is the insurance company giving you the run around?-If you aren’t able to get answers to your questions or help in getting your claim processed, a workers compensation injury lawyer can represent you and help speed up the process.

Failed to receive pay while waiting for your claim to be filed?-If you haven’t received any income since being injured or filing your claim then you should seek legal help as soon as possible.

If you have been a victim of any type of workplace accident, or on your way to or from work, you may be entitled to compensation. If this applies to you contact one of our workers compensation injury lawyers today at 1300 757 447. If you have any questions regarding any type of injury please ask us at Compensation Injury. Article by Rachel Higgins.

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Many jobs are dangerous, and pose a significant risk to your life and health every day. Unfortunately, risks are often unknown to employees, and employees who do know usually don’t have the luxury of finding a different job. Workers’ compensation exists to protect the rights of employees who are injured or killed on the job.

Most people aren’t aware of what to do and what not to do if they are injured at work. If your employer is denying you benefits, this guide presents some key factors that can determine whether your case for workers compensation is valid.

Did you report the injury immediately?

Perhaps the single most important factor in workers compensation cases is the timing of the injury report. You must report your injury as soon as possible after the incident occurred. While notifying the company in writing is best, simply telling your supervisor verbally that something happened often makes or breaks a case. You must report your injury within 21 days to have the strongest case, although your case may still hold if the injury is reported within 120 days. Nevertheless, the absolute best course of action is to report your accident and injury the same day they occurred to your supervisor or manager!

If you were injured last year but your symptoms just appeared, the clock starts on the day your symptoms became apparent. Thus, you should still notify your supervisor if symptoms have appeared that may be a result of an injury or exposure that occurred a long time ago. Nevertheless, if you suffer an injury, however minor you think it is, even if you do not miss time from work, and even if you receive no medical treatment, it is very important to still report your accident on the same day it occurred to protect your rights in the future!

Did you recognize your injury for what it was?

Many people know that losing a finger or an arm in an industrial accident is an injury, but many injuries and diseases are less obvious. For example, if you gradually lose 10% of your hearing or more, you may be able to prove that your hearing loss was caused by your work environment. In addition, certain occupational diseases may be compensated.

Likewise, an exacerbation of an existing injury is often basis for compensation. If you were being treated for heart problems, and lifting boxes during your job precipitates a heart attack, you are still entitled to compensation. If your employer attempts to block compensation by claiming that you had an “existing illness,” contact an attorney immediately.

Did you comply with your employer’s doctors?

Your employer has the right to require you to select a doctor from a list for your treatment. You must be treated by a doctor from that list, and you may not visit your own doctor unless allowed to do so by your employer. On the other hand, the employer may not tell you which doctor on the list to select – you can be treated by any of the doctors. Also, doctors sometimes don’t ask whether your injury was related to work and patients forget to mention that it was. Make sure that your doctor knows that your injury occurred at work. However, if your employer fails to comply with certain workers’ compensation rules, you may be able to treat with your own doctor immediately. Contact a lawyer as soon as possible.

Follow the doctor’s instructions. Take all medications, participate in physical therapy, and visit the doctor regularly. If you don’t, the employer may refuse payment on the grounds that you did not follow the doctor’s orders.

Did you sign a Final Receipt?

A Final Receipt is a form that certifies that you have recovered fully from your injuries and that you are able to resume normal duties as if you had not been injured. Often, employers will try to get you to sign a Final Receipt at the time you return to work.

You should contact an attorney before signing a Final Receipt or any other document. For example, you may still be eligible for benefits if you must work reduced hours as a result of your injury. If you still have pain, or if there are lasting scars, signing a Final Receipt will require you to file a petition to reopen your case if you need to pursue further action.

Did you submit to a medical examination?

Employers and insurance companies may request that you submit a a medical examination in order to continue receiving benefits. However, it’s possible the doctor performing the examination will declare you fit to work and stop your benefits. You may have a right to refuse such an examination, and should talk to an attorney about your options should an exam be requested.

Did you work somewhere else after you were injured?

Taking another job, even if it is part-time or “on the side,” can reduce or stop your compensation payments. Working in another job, especially if you are performing functions that are similar to those expected at your previous position, can indicate that you are fit to return to full employment and no longer require compensation.

There are notification requirements in some cases of taking employment, and failure to file a report can result in legal jeopardy. Contact an attorney before you take in any outside income from any job, no matter how minor, to determine if doing so would result in lowering your benefits or if notification is required.

Did you make an attempt to gain employment?

If you are physically able to return to work, the law requires that you try to obtain a job that is within your limitations. You are required to apply to jobs at other companies recommended by the employer’s rehabilitation counselor. You must be truthful at these job interviews and make an effort to become employed. You should keep a record of every job to which you applied, including the dates and times of interviews, to back up your case if the employer decides to stop benefits. Before talking to a rehabilitation counselor, or an insurance adjuster, contact an attorney immediately.

Did you watch what you say to your employer?

What you say to your employer can be very important in workers’ compensation cases. For example, if you are planning to retire and state that you have no plans of ever working again, your employer can use your statement in court against you to stop compensation.

Did you investigate the circumstances surrounding the incident?

Immediately after an incident occurs, evidence is often present that can back up your case. Often, the evidence will reveal exactly who is at fault for the accident. If there are witnesses to the incident, obtain their names and contact information. If possible, take pictures of the scene or have someone else do so.

Evidence tends to disappear over time. The scene is cleaned up, the equipment involved is used by other people, witnesses forget, and so on. It is important to gather as much information about the incident as soon as possible in order to prevent information from being lost that could help you.

You may also be able to sue someone other than your employer for negligent conditions. An attorney can assist you in determining who else can be sued in relation to the incident.

This guide is for informational purposes only and is not intended to provide advice for any specific case.

I encourage you to contact me at 215-641-1192 to discuss your personal case for free.

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