Q. I'm not working and I have no money, how can I hire and attorney?
A. If we file a claim for you, you do not have to pay anything until we recover benefits for you. Attorney's fees are deducted from the benefits that are recovered. Our fee is 20% of the amount recovered in Worker's Compensation cases.
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Q. What Injuries are covered by the Workers' Compensation Act?
A. If your work causes you an injury, aggravates an existing physical condition or causes an illness, the law entitles you to workers' compensation. A preexisting physical or medical condition that already exists may not affect your eligibility for benefits. Work that aggravates an existing disability or causes a disabling injury may entitle you to benefits.
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Q. What is a work-related disease or illness?
A. Long term exposure to chemicals, dust, fumes, solvents and various compounds may cause a serious illness or disease or irritate an existing medical or physical condition. You are eligible for workers' compensation if your job causes, in whole or in part, your disease or illness. For example, many mine workers often suffer from two types of work related conditions: "Black Lung Disease" and Silicosis. Black lung disease, is caused by long term exposure to coal dust. Inhaled coal dust builds up in the lungs and is unable to be removed by the body, resulting in inflammation, fibrosis and in the worst case the death of lung cells. As for Silicosis, it is caused by inhalation of crystalline silica dust, and is marked by inflammation and scarring in forms of nodular lesions in the upper lobes of the lungs.
These are two examples, specifically in the coal mining industry, but many other types of occupations contain their own types of risk related to work related diseases or illnesses. It is best to consult with a lawyer, who has the experience and resources to research your case and the history of work related diseases in your industry.
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Q. When I suffer a work injury do I have to treat with the company doctor?
A. For the first 90 days of medical care, the law requires you to select from a list of "panel" doctors, doctors chosen by your employer. The law says that there must be at least six doctors for you to choose from. Your employer cannot make the choice for you. You are free to choose your own doctor if your employer does not have a list available. Also you are free to select another doctor on the list if the first choice was unsatisfactory. The list usually is on your employer's letterhead from the workers' compensation insurance carrier. The sheet could also explain your rights and obligations under the law.
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Q. If I'm released by my doctor for light duty, what will happen to my benefits?
A. Your benefits will continue even though released for light duty if your employer does not have a less physically demanding job available. The job requirements could have to be within the restrictions imposed by your doctor. This allows you to return to work, but prevents attempts to "double dip", which is finding a new job and claiming a second workers' compensation benefits for the same injury.
If you can't do the work, you must inform your employer of such in order to seek further medical consultation. Seeing the doctor once more may give you medical support for your decision.
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Q. My employer's doctor releases me to go back to work but my doctor disagrees. What are my rights?
A. You can choose not to go back to work, but if you do not return to work the insurance company will probably file a petition to terminate, suspend or modify benefits. In this case you will continue to receive benefits until a hearing is scheduled for a judge to review your claim. You wil not lose benefits until a judge's order is in place.
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Q. Recently, I was examined by the company physician. Soon afterwards I received a petition in the mail stating that my benefits should be terminated as of the date of the company doctor's examination. What should I do?
A. To defend against this, you should contact an attorney. Your benefits cannot be stopped without a court order or an agreement of the parities. The petition should be litigated before a workers' compensation judge.
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Q. If I receive workers compensation, how much will my benefits be?
A. If you suffer a total disability work injury and can't work, you are entitled to wage loss benefits in addition to medical benefits. The rate of your wage loss benefits is 2/3 of your average weekly wage at the time of the work injury. The compensation rate cannot exceed the annual maximum or go below the minimum benefit compensation rate set forth in the statute
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Q. How soon do I have to tell my employer about an injury?
A. If you are injured at work, tell your supervisor as soon as possible. Often, an injured worker will complete the shift and go home thinking that the pain will subside. Some workers return home injured because they think that the injury is not serious. The phrase "as soon as possible" applies here and is extremely important. An employer is likely to fight a workers' compensation claim if an employee did not give notice in a timely fashion. You have to notify your employer in person and writing ASAP regarding work-related injuries.
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Q. What are my rights regarding social security benefits?
A. If a total disability stops you from working for at least six months and your recovery will last at least one year from the date you became disabled, the law entitles you to apply for Social Security Disability Benefits. You can apply for these benefits at the Social Security office nearest to you.
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Q. What will I do if my workers compensation payments are stopped?
A. If workers' compensation payments are stopped for any reason, contact us immediately.
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Q. What will I do if my workers compensation is denied?
A. If your employer denies you compensation, you have three years from the date of your injury to file again. It is your responsibility to file again. If you do file again, it is best to obtain a lawyer, one who knows the current workers' compensation laws and one who has experience representing injured workers. Schrom & Shaffer has experience representing people injured in workers' compensation cases.
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