| "Workers' Compensaiton" involves on the job injuries suffered by an employee. Instead of suing an employer in District Court, the injured employee must pursue his or her rights in state Workers' Compensation Court. If an employee's on the job injuries are caused by a person not affiliated with his or her employer, then the injured employee might also have a third party District Court claim against that person in addition to the workers' compensation claim against the employer.
QUESTION: What types of benefits are available under workers' compensation?
ANSWER: Typical benefits include medical treatment, weekly monetary benefits if your doctor will not let you work (Temporary Total Disability) and, after you have been released from the care of your doctor, a final cash settlement for any permanent partial or total disability you might have incurred. Vocational re-training and continuing medical benefits are available in certain circumstances.
QUESTION: How can you help me as my attorney?
ANSWER: There are several ways I can help you. First, I can help you get medical treatment, or, if you are not satisfied with your doctor, I can help you switch. Second, if you are being denied medical treatment or weekly monetary benefits, I can help you obtain these valuable benefits. Third, even you are receiving these benefits, I can help you obtain a higher recovery on your final permanent partial disability settlement than you would've received had you not hired a lawyer. Also, I can assist in reimbursing you for travel mileage and out of pocket cost for prescriptions. Also, without a lawyer, your weekly checks can be terminated without your consent, however, with a lawyer, your employer must obtain court approval before terminating your weekly checks.
QUESTION: How much do you charge to represent injured workers?
ANSWER: There is no up front, out of pocket cost to you. I am compensated at the end of your case at the final disability settlement. You receive 80% of the settlement and I receive 20%. Even after my 20% is deducted, you should still walk away with more money in your pocket than had you not hired a lawyer. I do not receive any portion of your weekly temporary total disability benefits which you receive while you are under doctors care and unable to work as long as they are being paid voluntarily. If we have to go to court to obtain your weekly temporary benefits, then my fee is 10%. These fees are set by state law.
QUESTION: Who pays for my medical care and monetary benefits.
ANSWER: Most all reputable employers carry workers' compensation insurance which pays for your medical care and monetary benefits.
QUESTION: My adjustor is trying to make me switch doctors, but I like my current doctor. Do I have to switch?
ANSWER: No. I can help you stay with your current doctor. This is a common tactic by an adjustor. For example, your doctor might be recommending a procedure that the adjustor doesn't want to pay for. Therefore, the adjustor might refer you to an "insurance" doctor who will disagree with your doctor and recommend against the procedure. An adjustors loyalty is to the insurance company, not to you.
QUESTION: My adjustor will not let me switch doctors, but I don't like my current doctor. Am I stuck with my current doctor that I don't like?
ANSWER: No. I can help you switch doctors. I can file the necessary paperwork with the Court and obtain a change of physician.
QUESTION: My surgeon has already rated me. Can you still help me receive more money at the final settlement?
ANSWER: Yes, I can help you receive more money. Surgeons, by nature, tend to rate low. They rate low because they are proud of their work and want to keep the insurance company happy. The end result is a low rating. I will arrange for a second rating with an independent doctor who did not treat you. This results in a rating which is much higher than what your surgeon rated you. The higher your rating, the more money your case is worth. In the end, with me as your lawyer, you will walk away with more money in your pocket than you would've received had you not hired a lawyer, even after my 20% fee is deducted.
QUESTION: What types of injuries do you handle?
ANSWER: Most of my cases involve surgeries like carpal tunnel, torn knee ligaments, torn rotator cuffs in shoulders, fractures in legs and arms and diskectomies and fusions in the neck and low back. I handle all types of injuries ranging from minor strains to death.
QUESTION: How do we get started.
ANSWER: We will need to meet at my office or a place of your choosing to complete a one page claim form that I will file with the Court. This will only take about twenty minutes.
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