Tuesday, March 20, 2012

Workers’ Compensation: How to Make Sure an Injured Employee is Getting What They Deserve


            Injuries happen to all of us. Often, a person will be injured at work as the result of the duties of their employment. It is at these times that an injured person must understand the workers’ compensation system, and how to protect your rights.
            When a person is injured at work, and they have to miss time, the first thing they should understand is that your medical visits are covered. If an injury occurs during the course of employment, then the workers’ compensation insurance carrier will be required to pay for the medical services provided for treatment of that injury. If the insurance carrier denies the payment of a medical bill, and the Department of Labor finds it should have been paid, the insurance carrier will also likely have to pay for the injured employee’s attorneys fees. This helps injured persons with little resources to help facilitate getting the legal help they need.
            The injured employee is also entitled to workers’ compensation wage benefits for the time they miss work. This figure is based on sixty percent (60%) of the average weekly wage of the injured person. Thus, if a person makes $1,000 a week in average weekly wages, they will be entitled to $600.00 per week in wage benefits. 
            The injured employee may also be entitled to compensation for any permanent impairment as a result of the work injury. This is commonly referred to as the “Permanent Impairment Award”. This is based on the disability the injured worker has, and the effect of that disability on their ability to work. A typical situation would be someone who lost a hand in an industrial accident, and now has a very serious permanent disability. The injured worker is entitled to a calculation based on the injury, the permanency of that injury, and the wages the worker was making before being injured.  All of these are factored into a complex calculation that compensates the injured employee for their permanent disability. Our firm will also help assist disabled persons in obtaining social security disability benefits, if they qualify.
            Workers’ Compensation law is complex, and requires the aid of an experienced attorney in navigating the system. Here at Parnell & McKay, we have been providing our learned and experienced advice to our workers’ compensation clients for over 20 years. Contact us today to find out how we can help you. 

No comments:

Post a Comment