Case Types - Workers Compensation Claim

Workers Compensation Work Related Injury Claim

When an employee is injured on the job, or suffers an occupational disease, he or she may be eligible for compensation benefits. These benefits include payment of all medical expenses and reimbursement for a portion of wages lost due to disability caused by the injury. Additionally, if the worker suffers a permanent impairment of a body member, such as a leg or hand, a payment may be made for this loss even though the worker has not lost time or has returned to work.

If you are having trouble with work related injuries, and your insurance or company insurance is not suporting your claims, contact our law office to get informed of your legal options.

Awards are also made for loss of vision and loss of hearing. No payment is made for pain and suffering, mental anguish or other such elements of an injury. However, if a third party (other than the employer or a co-worker) is responsible for causing the injury, the injured worker may sue such other party for the full measure of damages, including pain and suffering.

Workers Comp Claim - Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Comp statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.

The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most worker comp laws. Awards are limited to "disability or death" sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the disability and may require the employee to undergo job retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the Office of Workers' Compensation Programs.

The Federal Employment Liability Act (FELA), while not a workers' compensation statute, provides that railroads engaged in interstate commerce are liable for injuries to their employees if they have been negligent.