July 23, 2021 | Workers' compensation

Have you been injured while on the job?

Work-related injuries and illnesses can be devastating. Not only do you have to deal with the trauma and the physical pain while recovering from the injury but also the financial strain that results from having to miss work. You may be wondering how you will make ends meet while recovering from your injury.

Workers’ compensation was designed to provide workers recovering from work-related injuries and illnesses with a financial cushion during their recovery period. Workers’ compensation is designed to replace lost income for workers temporarily.

What workers compensation benefits cover

Every state has its own laws governing workers’ compensation. Nebraska laws require employers to have workers’ compensation insurance for all employees including full-time, part-time, temporary, seasonal as well as minor employees. However, companies aren’t required to provide this type of coverage for independent contractors. These contractors ought to be responsible for their own insurance coverage.

Workers compensation benefits will cover:

• Medical expenses including cost of treatment, prescriptions, hospital bills and medical equipment such as crutches or wheelchairs with no copays
• Temporary partial or total disability (2/3 of your average weekly wage per week for total disability)
• Permanent partial or total disability (if the injury is permanent)
• Vocational rehabilitation (to return you to suitable employment if you can’t go back to doing the same type of work because of the injury)
• Death benefits for dependents of employees killed on the job

What should you do if you’re injured on the job?

The actions you take following an injury on the job will greatly influence your ability to get workers’ compensation. Omaha, Nebraska workers’ compensation is not awarded based on fault. Employees that were shown to be ‘willfully negligent’ may therefore not receive benefits for their injuries. The following are some things to keep in mind following an injury.

1. Tell your employer as soon as possible. Many employers require both the injured employee and the employer to fill out an incident or injury report. You must give notice as soon as possible, and while written notice is not required it can be invaluable in establishing you did give notice.
2. You have a right to choose your own doctor. If the employer does not tell you about this right, you can choose any doctor to treat you. Do not let them select a doctor for you unless they have given you proper notice of your right to choose and you have never been treated by a doctor in town. Emergency treatment and surgery are different and if you need emergency treatment, do not wait.
3. Get medical attention as soon as possible. It doesn’t matter whether your injuries don’t seem very serious. It is important to seek medical attention as soon as possible after the incident. The records from your medical examination will provide evidence of the extent of your injuries.
4. Be sure to follow your doctor’s instruction for recovery from the injury. Submit a copy of your doctor’s notes to your employer. Keep track of any receipts related to your treatment including the cost of medical treatment you pay for out of pocket, any equipment you have had to purchase as well as prescriptions for medication.

When can you pursue workers’ compensation on your own?

The workers’ compensation claim process was designed to provide timely financial relief for workers that are injured while on the job. There are many instances when insurance companies are unlikely to dispute a workers’ compensation claim. You probably don’t need to hire a lawyer if:

• Your injuries are clearly work-related
• You do not require extensive medical treatment
• You have not sustained injuries resulting in permanent disabilities
• You don’t have to take extended time off work as a result of your injuries
• The insurance company is paying medical bills and for your missed time

When should you hire a workers’ compensation lawyer?

Workers’ compensation claims can become complicated. When this happens, hiring an experienced workers’ compensation lawyer can mean the difference between getting a fair settlement and being given peanuts or nothing at all.

You should consult an attorney when:

• Your claim has been denied
• You have received medical bills and are in danger of being sent to collections
• At the end of your claim if you are given restrictions or a rating and the insurance company wants to settle, run the amount by an experienced workers’ compensation attorney to see if it is fair
• Anytime you have questions about the process or some benefit or procedure is denied

Insurance companies and employers may deny workers’ compensation claims for various reasons. Hiring an experienced lawyer will help you appeal the denial and improve your chances of success. Your attorney will handle all the paperwork, gather evidence and represent you in negotiations or court.

You should consult an attorney if you sustained a serious injury.

If you sustained an injury that requires extensive treatment including surgery, a long absence from work or has resulted in permanent disability, you will need the assistance of an experienced lawyer. These claims often involve a lot of money. An attorney will help to protect your legal rights and ensure you get fair compensation.

You should consult an attorney for work injuries resulting in death. If work injuries resulted in the death of your spouse or parent, you can seek death benefits. However, losing a spouse can be devastating. An experienced attorney can handle all aspects of your case and fight for justice while you deal with the emotional trauma of losing your companion. Death benefits can be complicated and having an experienced attorney who understands the law will ensure you receive what you are entitled to.

You should consult an attorney if you are also applying for or receiving other government benefits. If you’re applying for or are receiving other government benefits such as Social Security Disability Insurance (SSDI) benefits, you will likely need the assistance of an experienced attorney. An attorney will help to minimize the impact of your workers’ compensation settlement on your other benefits and explain the potential for offset and complex coordination of benefits issues so you understand how various programs interact.

Even if your case seems straightforward, you can always to consult with a seasoned workers’ compensation attorney to determine the best way to approach your claim, answer questions, and let you know whether you need representation at that time. If you’re in Omaha, Nebraska, contact High and Younes LLC for a free consultation.

Should I Get a Lawyer If I Got Hurt at Work