Jan 19, 2022 · Palm Beach County Workers Compensation Lawyer. ... This client had a workplace injury several years prior to hiring the work injury lawyer and had been treated with several specialists who performed a myriad of medical procedures, including surgery, and had conducted numerous studies on various body parts. ...
A workers’ compensation lawyer will work with you to create a game plan for getting the money you deserve, and then do all of the negotiating for you. While you can accept a settlement if you want to, it is not the case that all workers’ comp cases end in a settlement. You have the right to decide when to settle and when to keep fighting.
These benefits end after 500 weeks, which is equivalent to 9.6 years. Once the 500-week period ends, your employer will seek to suspend or terminate your workers’ compensation benefits, but you may still have the right to continue receiving benefits if your injuries persist. When you are nearing the end of the 500-week period, consult with an ...
Several months back, I hired an attorney to represent me in my workers' comp case. At the time, I really liked the lawyer and thought he would do a great job in my case. But after a couple of meetings early on, I haven't heard from him about my case. I called and left a few messages with his assistant, but still no response.
This range can be three to seven years. That said, there is not usually a limit on permanent disability benefits. However, some states do stop weekly benefits when employees reach the age of 65.
To date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.Feb 11, 2021
There is no average settlement, as each case is unique. Whatever the amount is, your law firm will charge you on a contingency fee basis. This means they will take a set percentage of your recovery, typically one third or 33.3%. There are rare instances where a free case is agreed to by the representing lawyers.
A worker may at any time effectively fire their workers comp lawyer. However, the worker should understand the impact of doing so on attorneys fees and the case.
For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.
Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.
At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries.
A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.
This is the greatest mistake an injured worker can make. As stated above, it is extremely tempting to do things for one’s self, especially when living alone. However, it is the one time when you do venture down the driveway to get that heavy package out of the mailbox or carry in that bag of groceries when you are caught in the act by a zealous insurance adjuster who has sent out a private investigator for the sole purpose of discrediting the inju red worker.
They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer. This is not to say that all employers or their insurance companies, are out to intentionally deceive people.
You do not have to give a recorded statement or sign a medical authorization. Much like a criminal case, anything you say can and will be used against you. My clients are often shocked when they find out they were never required to give a recorded statement. The adjuster may tell you they can’t proceed with your claim until you sign certain paperwork.
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If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.
If the injured worker does not attend this exam, the insurance company can cut off lost wage benefits for not cooperating. However, if the IME doctor says you can return to work, the insurance company may use this as a way to attempt to stop the injured worker’s benefits (Call a workers’ compensation attorney right away!!!).
Insurance companies will sometimes hire a private investigator to observe an injured worker while they are under the physical restrictions of a doctor. If the private investigator’s video that he captures shows the injured worker doing more than he or she claims that they can, or if the injured worker is doing things ...
Lost wage benefits only: If the injured worker quits their job while they are off of work due to an injury or on a limited duty status, the insurance company does not have to pay lost wages to the injured worker once they have quit their job.
If the injured worker does not attend this exam, the insurance company can cut off lost wage benefits for not cooperating. However, if the IME doctor says you can return to work, the insurance company may use this as a way to attempt to stop the injured worker’s benefits (Call a workers’ compensation attorney right away!!!).
The FCE is an exam where the examiner (usually a Physical Therapist) will have the injured worker do several movements and lift set amounts of weight in order to gauge the injured worker’s strength and physical abilities. The injured worker must cooperate with this exam and give full effort. If the Functional Capacity Examiner reports that the injured worker would not cooperate or he/she believes the injured worker was exaggerating their pain or diminished abilities, the insurance company can use this as a reason to stop benefits.
Some folks assume that once they receive that magical Award from the Virginia Workers Compensation Commission, they are completely safe and have nothing to worry about. Not true! Yes, the Award is to protect benefits; however, if the insurance company can find a legitimate reason, they can still terminate (or attempt to terminate) your benefits.
Self-insured employers often get into trouble for not being knowledgeable of the requirements of the Unfair Claims Practice Act in the state (s) where it is being self-administered for workers compensation claims. The failure to act in a totally ethical manner can lead to litigation by the party wronged and to fines and/or the suspension ...
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher.
A good workers' comp attorney is a zealous advocate, not a passive observer. You are well within your rights to inquire (in a non-confrontational manner) precisely what steps your lawyer has taken to advocate on your behalf. Has she written a letter to your employer or the workers' comp insurer?
If your lawyer is unavailable when you call, request that a phone conference or in-office meeting be scheduled. Make it clear at your next meeting that you expect better communication. Your attorney should listen to your concerns and take steps to improve communication in the future.
State law governs attorneys' fees in workers' compensation cases, and many states set a cap on the percentage and/or total amount they can charge—usually from 10% to 20% of the benefits. When more than one attorney has worked on your case, the lawyers split that fee according to how much work each has performed.
If your lawyer is unavailable when you call, request that a phone conference or in-office meeting be scheduled.
If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you.
Attorneys who don't specialize in workers' comp tend not to understand the nuances of this complex field of law. If you're not confident that your lawyer has a solid grasp of the legal issues in your case, you'd be well-advised to look for a new one. Before you hire a replacement, make sure that attorney regularly handles workers' comp cases and can explain the relevant issues to you. Ask for references from former clients or other attorneys if you have any doubt.
While your employer should be concerned about your well-being, they’ll likely want you to return to work as soon as possible. After all, every day you’re not working is another day that your job isn’t getting done.
Once you’re well enough to return to work and your doctor provides clearance, be aware of your condition. There may be tasks you are not be able to fully perform right away.
Suffering from an injury is traumatizing enough, but receiving it in the workplace is even more difficult. It can seem like a double-edged sword. Your employer provides stability, but returning too soon can hurt your health.