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Workers' Compensation

Frequently Asked Questions

Q: What should an injured worker do when they are injured on the job?

A: When an individual is injured on the job, the first responsibility is to give notice to the employer.  Second, they should see their doctor as soon after the accident and report all injuries sustained in the accident.  Finally, the injured worker should also seek the advice of an attorney regarding any new accidents they sustain on the job.

Q: How long can I receive my benefits as a result of an injury sustained in an accident at work?

A: An individual who sustains an accident at work is entitled to medical care for those injuries sustained indefinitely into the future.  Additionally, an individual who is injured at work may be entitled to weekly payments indefinitely into the future, but this depends on the type of injury and the severity of the injury.

Q: Am I entitled to an award even if I do not lose time from work?

A: An individual may be entitled to an award for any permanent loss of use of an extremity, such as an arm, a leg, fingers, toes, even if they do not lose any time from work.  An individual may also be entitled to an award if they have a permanent loss of vision, permanent loss of hearing, or any permanent facial disfigurement.

Q: How are attorneys’ fees paid in workers’ compensation cases?

A: In workers’ compensation cases, the injured worker does not pay the attorney directly.  Since the attorney works for the injured worker, any attorney’s fee comes from the award to the injured worker, but is paid by the insurance company.  All fees must approved by the Workers’ Compensation Board.

Q: How do I settle my workers’ compensation case?

A: In all cases, an individual can attempt to settle their workers’ compensation case with the insurance company.  There are different types of settlements.  It is best to schedule an appointment with one of our attorneys to discuss the specifics of your case.  

Q:  Is there a time limit on when I must file my workers’ compensation claim?

A:  If an individual sustains an accident at work, the individual must report the incident, in writing, to their employer within 30 days, and a claim must be filed with the Workers’ Compensation Board within 2 years of the date of accident.

With regard to occupational injuries, a claim must be filed 2 years from the date the injury was known to be related, or should have been known to be related to the work activities.

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