When a workplace injury causes disruption to your life, it can feel overwhelming to go through the claims process. Most employers are legally required to carry workers’ compensation insurance to compensate their employees for work-related injuries or illnesses. Even if your medical bills and lost wages are already being paid, an experienced workers’ compensation attorney understands there’s more at play. At Shelsby & Leoni, we can help you receive additional benefits you’re entitled to, such as compensation for your lost wages, permanent injuries, disfigurement or scarring, loss of earning capacity, and more.
What Is Workers’ Compensation?
Workers’ compensation allows workers who get hurt or sick because of something that happened on the job to seek compensation from their employers. Whether it’s slipping on a wet floor, straining their backs lifting heavy objects, or developing a long-term condition from repetitive work, this system is set up to help cover medical bills and part of their lost wages while they recover from their injuries. In the worst-case scenario, where someone loses their life because of a work-related incident, it can provide financial support to their family.
The idea behind workers’ comp is pretty straightforward—if you’re injured while doing your job, you shouldn’t have to fight a long legal battle just to get help; so, instead of suing your employer, you get access to benefits more quickly. In return, most employers are protected from lawsuits over these kinds of injuries. Each state runs its own version of the program, so how it works can vary depending on where you live. On top of that, certain workers, like those in federal jobs, might be covered by different rules through programs run by the U.S. Department of Labor.
According to USA.gov, workers’ compensation typically covers medical expenses, a portion of lost wages, and support for dependents if an injury turns fatal. If a claim is denied, workers have the right to appeal; however, this process can be tricky to navigate without guidance. Having an experienced workers’ compensation attorney by your side can make all the difference when you’re trying to get back on your feet.
Who Is Eligible for Workers’ Compensation?
Workers’ compensation benefits are generally available to employees who suffer a job-related injury or illness, but eligibility isn’t always as straightforward as it seems. According to Insurance Business Magazine, most full-time, part-time, and even seasonal workers are covered, as long as their employer carries workers’ comp insurance. Independent contractors, gig workers, and freelancers usually aren’t eligible, though exceptions can exist depending on how their work is structured.
The key requirement is that the injury must be work-related, i.e., it happens while you’re performing job duties or as a direct result of your work environment. Eligibility also hinges on reporting within a certain time frame — missing a deadline can risk losing access to benefits. So, if you’re unsure where you stand, it’s worth getting clarity early on from a workers’ comp lawyer.
Workplace Injuries Examples
Getting hurt at work is more common than many people realize, and it doesn’t just happen in high-risk jobs. Whether you’re working in an office, on a factory floor, injuries can happen in all kinds of ways. According to the National Safety Council, there are a few standout causes that account for the majority of nonfatal workplace injuries. Some of the common examples include:
Overexertion and Bodily Reaction
This is the leading cause of workplace injuries. It covers things like lifting something too heavy, pulling, pushing, or even doing the same motion over and over again until your body starts to push back. These injuries, which often affect muscles and joints, have led to over a million cases where workers have to take time off work.
Contact with Objects and Equipment
These incidents happen when someone gets hit by a moving object, gets caught in machinery, or accidentally bumps into equipment. It’s one of the most common reasons workers end up sidelined, with close to 781,000 cases recorded.
Falls, Slips, and Trips
We’ve all had those near-miss moments, but when a fall actually happens, it can be serious. Slipping on a wet floor, tripping over a loose cable, or falling from a ladder—these are the kinds of things that lead to hundreds of injury cases requiring time away from work.
Exposure to Harmful Substances or Environments
Exposure can mean chemical exposure, extreme heat or cold conditions, or even airborne illnesses like COVID-19. Between 2021 and 2022, this category accounted for over 658,000 injury cases, showing just how broad and serious these risks can be.
What Can a Workers’ Comp Lawyer Do For Me?
One mistake a lot of people make is that they do not talk to a lawyer early enough in the process. Dealing with a work injury is tough enough. That’s where a good lawyer comes in. They know how the system works, what paperwork needs to be done, and how to make sure nothing slips through the cracks. More importantly, they help you get everything you’re entitled to. It’s not just about covering the doctor visits. A workers’ comp lawyer can help make sure you’re also getting paid for lost wages, ongoing treatment, or any long-term effects from your injury.
How Can a Lawyer Help Me File a Workers’ Compensation Claim?
Filing a workers’ comp claim isn’t an easy process. Between strict deadlines, complex paperwork, and the risk of claim denials, it can feel quite overwhelming. A workers’ compensation lawyer can guide you through the process and help you avoid common mistakes that might delay or jeopardize your benefits.
Your attorney will help ensure that your claim is filed properly and on time. They can also gather and present the right medical evidence, deal with insurance adjusters, and represent you during hearings or appeals if your claim gets denied. If your employer or their insurer disputes the severity of your injury or your need for ongoing treatment, a lawyer can step in and push back, so you don’t get shortchanged.
Can a Lawyer Help Me Fight a Workers’ Comp Claim Denial?
Getting a denial letter after filing a workers’ comp claim can feel like a major setback, but you still have options. Here’s what you should do:
- Read the denial notice carefully. It will explain why your claim was rejected, whether due to missing paperwork, lack of medical proof, or questions about whether the injury is job-related.
- Once you know the reason, start gathering supporting evidence. This might include medical records, witness statements, or a detailed explanation from your doctor linking the injury to your work. Each state has a very short window for appeals, so it’s important to act quickly.
- Speak to a workers’ comp attorney who can help you organize your case and represent you during hearings.
Can My Employer Retaliate Against Me?
If you’ve been hurt at work and decide to file a workers’ compensation claim, it’s normal to worry about how your employer might respond. But here’s the good news: the law is on your side. It’s illegal for your employer to retaliate against you just because you spoke up about your rights.
Retaliation can show up in a lot of ways, such as being fired, demoted, passed over for promotions, or even getting the cold shoulder at work. None of that is okay if it’s happening because you filed a workers comp claim, reported unsafe working conditions, or exercised any other workplace rights.
The U.S. Department of Labor enforces laws that protect workers from this kind of behavior. Under whistleblower protection laws, you can file a complaint if you believe you’re being treated unfairly in retaliation. That complaint goes through OSHA (the Occupational Safety and Health Administration), and it can be submitted online, by mail, or even by phone.
Don’t let fear of retaliation stop you from getting the benefits and protection you deserve.
What to Do After a Workplace Injury
It’s not always clear what to do right after a workplace injury, especially if you’re in pain or feeling shaken. But taking these steps early on can make a big difference in your recovery and in making sure your workers’ comp claim goes smoothly:
Report the Injury Immediately
Don’t wait to speak up. As soon as the injury happens, or as soon as you identify symptoms, let your supervisor or manager know. Some people delay reporting because they don’t want to cause trouble, or they think the injury isn’t serious, but that can really hurt your chances of getting benefits later. Most states have deadlines for reporting work injuries, and missing those deadlines could get your workers’ compensation claim denied.
Seek Medical Attention
Always get checked out by a medical professional, even if you think you’re okay. Injuries like sprains, strains, or head trauma, might not feel serious right away but can get worse over time. Seeing a doctor not only protects your health, but it also creates a medical record that ties the injury directly to your job.
Document Everything
Keep a detailed record of everything related to your injury. Write down how the accident happened, where it happened, who was there, and what you felt afterward. Hold on to all of your medical records, work notes from doctors, prescriptions, and even emails or texts between you and your employer or the insurance company. If your injury turns into a more complicated claim, this documentation can help your case.
Contact a Workers’ Comp Lawyer
Even if things seem to be going smoothly, it’s smart to at least talk with a workers’ comp attorney. They can help you understand your rights, keep an eye out for red flags in the process, and make sure you’re getting everything you’re owed, not just the bare minimum. If your claim is denied, delayed, or underpaid, having a lawyer can make a big difference in how fast and how fairly it gets resolved.
Workers’ Compensation Lawyer: FAQs
How Much Does a Workers’ Comp Lawyer Cost?
Most workers’ comp lawyers work on a contingency basis. That means you don’t pay anything upfront. Instead, the lawyer only gets paid if they win your case or secure a settlement for you. This fee is usually a small percentage of your compensation and is often capped by state law.
What if My Employer Doesn’t Have Workers’ Comp Insurance?
In most states, employers are legally required to carry workers’ compensation insurance. If yours doesn’t, that’s a serious issue, but it doesn’t mean you’re out of luck. You might still be able to file a claim through a state fund set up for uninsured employers, or you could have the option to sue your employer directly. Either way, it’s a situation where talking to a lawyer is especially important so they can guide you through your options.
Can I Be Fired for Filing a Workers’ Comp Claim?
No, it’s illegal for your employer to fire you just for filing a workers’ comp claim. That’s considered retaliation, and there are laws in place to protect you from that kind of behavior.
Injured at Work? Connect with Our Workers’ Compensation Lawyers for a Free Consultation
Having legal help early on can reduce stress, prevent setbacks, and give you a better chance of securing the benefits you need while you focus on recovery. Our workers’ comp lawyers have around four decades of combined experience practicing before the Industrial Accident Board, which adjudicates workers’ compensation cases. We are available for home or hospital visits, and never charge a fee for an initial consultation. In other words, you do not have to pay us any attorney fees until and unless you receive compensation.
To schedule an appointment, contact us.