Workers’ Compensation Claims

Workers’ Compensation Claims2019-05-10T22:08:08-05:00

Every day hardworking Americans are hurt on the job. Often, injured workers have questions like:

  • How much does workers’ comp cover?
  • Why was my workers’ comp claim denied?
  • Are there other ways that I can recover compensation?
  • Do I really need the help of an attorney?
  • Are all injuries covered by workers’ comp?

Let our experienced lawyers help guide you through the process of obtaining compensation after a work injury.

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Injured workers deserve to be covered by workers’ compensation and our lawyers are dedicated to making sure claims get paid. 

— Laurence Banville, Esq.
"The Best Lawyers Out There" Without Justice Guardians my workers' comp claim would have never been approved.
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You’ve been hurt at work and now you’ve learned that you will require extensive medical care and that you may not be able to return to your chosen career. You’re likely wondering how you will be able to pay your bills and if you can afford the medical treatments you need to get back on your feet. Sadly, you aren’t alone. Millions of Americans are hurt on the job each year and are abandoned to deal with the consequences on their own.

Can I Claim Workers’ Compensation If I Was Hurt At Work?

Yes, in almost every case, an injured worker has the right to apply for workers’ compensation insurance coverage.

Workers’ compensation, when approved, should provide coverage of medical expenses for treatments directly relating to the on the job injury or illness and if needed, a fraction of lost wages. The insurance is also supposed to be no-fault, meaning that even if the employee’s actions contributed to the accident which caused their injury, they should still be provided coverage. However, insurance companies don’t like to pay out claims because it means less money for the company and so they have devised ways to deny claims.

A shocking number of workers’ comp claims are denied outright and while it is possible to pursue an appeal, the appeals process is complicated and may take months or even years to complete.

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Our Workers’ Comp Lawyers Are Here To Help

The best way to ensure that your workers’ comp claim is paid the first time you make a claim is to work with an experienced attorney who can not only review your paperwork but who can speak with the insurance company on your behalf. At Justice Guardians, we know how insurance adjusters are trained and the common excuses they use to deny claims, and we have helped hundreds of clients avoid a denial.

If you’ve already received a denial, our legal team can guide you through the appeals process, will help you collect the information needed to support your claim, and will fight for your compensation in front of the Workers’ Compensation Board.

In addition to this, we will review your case to determine if there may be other legal claims you can make to obtain compensation.

Can Injured Workers File A Personal Injury Lawsuit?

In many cases, it is possible for an injured worker to file a personal injury lawsuit after being hurt on the job. Any compensation obtained through this lawsuit may cover the loss of both past and future:

  • Medical Bills
  • Lost Wages
  • Physical Pain & Suffering
  • Emotional Distress

A lawsuit can be filed if another party’s negligence caused the accident which caused you harm. For example, if an employee works in construction, they may be required to use a nail gun. If the nail gun they use has a defect which causes it to misfire and the nail embeds itself in the employee’s body causing them serious harm, that injured employee may be able to file a lawsuit against the designer and manufacturer of the nail gun.

It’s not always obvious when negligence occurs which is why it’s so important to contact an attorney as quickly as possible if you’ve been hurt on the job.

How Much Can I Receive From A Personal Injury Lawsuit?

Compensation from a lawsuit comes in two forms – a settlement or an award. The total amount that each plaintiff receives will vary from case to case and is base off of their past and expected future losses, so no two plaintiffs will recover the same amount.

Can I File A Workers’ Comp Claim & A Lawsuit?

Absolutely – these two legal claims are independent of one another and can be filed at the same time.

Will The Lawsuit Be Filed Against My Employer?

In the majority of cases, it is impossible to file a lawsuit against your employer for a work injury because the law prevents it. When an employer provides workers’ comp to their employees, they are in a way, protecting their employees. In return, a workers’ comp claim means that the employee cannot sue their employer.

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