Here are some of our frequently asked questions:

What are the Time Limitations on notifying my Employer of a work-related injury and filing a claim?

You have 90 days from the date of your injury to notify your employer/boss/manager/supervisor of the incident.  There are different methods of notification that are accepted and the timeline changes for repetitive motion injuries and occupational diseases.  You also have two years from the date of the injury to file a Workers Compensation Claim.  Let our experienced Workers Compensation Attorney guide you through the filing and notification process of Workers Comp.

What’s my claim worth?

A lot of factors go into the value of a worker’s comp claim, but the three main factors are the following:

(1) Body Part Injured: Backs and shoulders are given higher values in Workers Comp than hands and feet.  Each body part is assigned a certain value when determining Workers Compensation awards and settlements;

(2) Average Weekly Wage: Your claim’s value is directly tied to [pre-taxed] weekly wage.  Not everyone makes the same amount every week, so you need an experienced attorney to calculate your highest possible weekly wage;

(3) Future Medicals: Once you’ve maximized your recovery from injury, you still might need future medical treatment to maintain your injured body part.

Let our experienced Workers Compensation attorney navigate these factors to maximize your award or settlement.

What’s the difference between a Workers Compensation Claim and a Personal Injury Lawsuit?

There are two major differences between Workers Comp Claim and a Personal Injury Lawsuit:

Fault of Injury: In a civil suit, you have to prove fault, negligence, etc., to recover a settlement or award.  In Workers Compensation, any injury is covered, whether it be the fault of the person injured or someone else.  If you were just being clumsy and tripped on your own feet, as long as you were in the “course of your employment”, Workers Compensation will cover your injury.

Calculating Your Monetary Award:  Personal Injury lawsuits can be very subjective with Punitive Damages.  Pain and Suffering can greatly influence monetary awards.  Workers Compensation does not award amounts for Punitive Damages.  The value in a Workers Compensation Claim is determined by your current wages at the job where you were injured, the body part you injured, the disability rating given to you by your treating physician, and possible future medicals.

Let our experienced Workers Compensation Attorney work to maximize the amount of your award by expertly navigating through those factors.

Can I sue my employer instead of taking the Workers Compensation Benefits?

If you are injured while in the course of employment, you have to go through Workers Compensation before you sue your employer or another responsible third party.  There are a different set of standards for recovering in a civil lawsuit than a Workers Compensation Claim.

Let our experienced Workers Compensation Attorney walk you through the standards for a Workers Comp claim and then determine the strength of a separate Personal Injury or Civil Lawsuit.

To learn more about workers compensation, you can visit our workers compensation page.