A. workers comp is designed to do essentially just two things: one is to pay part of your lost earnings while you’re out of work recovering and secondly pay for all of your medical expenses related to your on the job injury. Part of your medical expenses also include mileage to and from the doctor.

A. No, the adjuster for the Worker’s Comp. insurance company will select the doctor that you will see. You are entitled, however, to request a one time change of physician if you are not satisfied with the doctor they selected. Worker’s Comp. also gets to pick the second doctor. There are also other ways where we can get additional opinions through physicians, such as setting you up with an independent medical examiner. The procedures can be complicated and you need an expert in workers compensation to guide you through this process.

A. In most circumstances, you are not allowed to sue your employer, even if they were negligent. This is called workers comp immunity. As long as your employer has Worker’s Compensation insurance, you are not allowed to sue them in civil court. Sometimes there are other persons or companies that are responsible for your injury. You would be able to pursue a negligence claim and seek compensation for your pain and suffering against those parties.

A. This is a complex legal situation that needs to be addressed on a case by case basis. If you apply for Social Security disability while you are on Worker’s Comp, then there can be legal ramifications that affect your settlement with Medicare actually getting control over part of your settlement. An experienced workers compensation lawyer can guide you through this process. 

A. The workers comp insurance adjuster is supposed to take the 13 full weeks before the date of your injury and average them together. In our experience many time they neglect to include overtime, which can substantially increase the amount of money that you are paid every two weeks. Employer paid benefits such as health, dental and vision, if no longer provided after the accident, can increase your average weekly wage. Also, if you were working two jobs at the time, the wages from the other employer ought to be included in the calculation of your average weekly wage. There are also other factors that can Increase how much the insurance company pays you while you are out of work recovering. You need an experienced workers compensation lawyer to make sure that you are being paid the correct amount of money for your lost earnings.

A. If you are permanently disabled, you are entitled to lost earnings benefits up to the age of 75. Obtaining permanent total disability takes the expertise of an experienced workers compensation lawyer. We have experience proving these cases and obtaining the maximum settlements for our clients.