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Workplace Injuries – Your Future and Options

Published in Workers Compensation on January 28, 2019.


If you are hurt on the job, your employer could be responsible for ensuring that your injury is given proper medical attention and treatment. To begin the process, it is important to inform your workplace of the injury as close to the time of the incident as possible. This gives the employer a chance to assess and document the event, and determine further action. It could be that they usher you to a clinic and give all aid necessary to recover (if severe). Other times, the employer and insurance companies may work together to under-treat for the purpose of saving money. This could force you to continue working with the injury, aggravating it to a point of no longer being able to perform your job, leading to termination. This doesn’t include the daily impact of the injury in your off-work life, such as performing hobbies or spending time with family and friends.

47% of those polled by Martindale-Nolo Research reported that prior to going on to receive any form of award, they were initially denied their claims. Of the denied, 50% had to file documents with the state agency to that they could challenge the insurance company’s decision. On average, those who hired an attorney received 47% more than those without, for final claims. Treatment may be necessary for a while after a claim is closed – those extra dollars help pay that as closed claims no longer cover treatment for the injury.

Additionally, the top reasons for denial include Pre Existing Condition (28%) and Missed Deadlines (13%). Often times, a preexisting injury will be irrelevant to the current injury and must be strongly disputed. For this, it is crucial to have an attorney, such as David Ricks of Nelson & Smith, to ensure that vital information is not overlooked and that all paperwork is completed as necessary.

According to Nolo, many expenses incurred that are not the direct treatment, which may be collected, can include:

  • Mileage reimbursement
  • Vocational Rehabilitation
  • Death Benefits
  • Funeral Expenses

Though common in other forms of injury cases, “pain and suffering” is not covered by workers’ compensation.

Nelson & Smith attorney David Ricks has been handling workers’ compensation with the firm since 2013 and has recovered millions of dollars for clients during this time. 90% of Mr. Ricks’ practice is dedicated to litigation, which in addition to workers’ compensation includes auto accident, wrongful death, and product liability. Trust someone who stands to gain only if you do, not someone who gains most at your expense.

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