Workers Compensation

If you are injured while in the course and scope of you employment you are entitled to Workers Compensation benefits. It is not necessary to prove negligence or fault by the employer. A Workers Compensation claim is not a lawsuit against the employer. Rather, it is a claim for statutorily required benefits from the Workers Compensation insurance company that insures the employer. As a matter of fact, employees are barred from suing their employers except in the most egregious of circumstances. Unless a third party was the cause of your injury, Workers Compensation will be you sole source of recovery.

Generally speaking, injured workers are entitled to the following benefits:

• Payment of medical bills
• Temporary disability benefits
• Permanent partial or total disability benefits
• Rehabilitative or job training benefits, if the worker cannot return to the same job or occupation
• Death benefits, if the worker dies of the work related injury

In most cases, unless there is a dispute about the accident, the insurance company will provide payment of medical bills and temporary disability benefits without much problem. However, unless a Claim Petition is filed, the insurance companies will rarely make a voluntary payment for permanent partial or total disability benefits. This is where an experienced Workers Compensation lawyer comes in. He will be able to maximize your recovery and get the full benefits you are entitled to under the law. In addition, the attorney fee is set by statute and must be approved by the Workers Compensation Court.

Compensable claims may include the following types of injuries and illnesses:

• Spinal injuries, usually involving the neck and low back
• Shoulder, knee, elbow and other joint related injuries
• Amputations of the fingers, hand, arm, foot, leg or other body parts
• Burns—including fire, electrical, chemical or explosion
• Disfigurement and scarring
• Exposure to toxic chemicals and substances
• Work related heart attacks, strokes or stress related illnesses
• Vision and hearing problems
• Carpal Tunnel Syndrome
• Emotional and neuropsychiatric problems

Unfortunately, the recoveries in Workers Compensation claims are not nearly as large as in lawsuits against third parties. This is because the Workers Compensation system is not fault based. In other words, it is not necessary to prove anyone, including the employer, at fault to be entitled to Workers Compensation benefits. Also, since the law requires the employer to provide these benefits, they are immune from suit by its employees, except in extremely rare situations.

Nevertheless, it is possible to recover substantial damages in a work related accident, if a third party was at fault in causing the injury. Again, this is where an experienced personal injury lawyer can make the difference between a modest Workers Compensation award and a substantial third party recovery. The law firm of Jarve Kaplan Granato, LLC is experienced in handling third party workplace accidents including the following:

• Construction site and industrial accidents
• Injuries from defective products, equipment, machinery or tools
• Motor vehicle, premises liability or other negligence type claims
• Toxic chemical and substance exposure
• Falls from scaffolding, ladders and cranes
• Fire, explosion, electrocution and radiation accidents