Finding the Best Workers Compensation Attorney For Your Case

Where do you begin when looking for a workers compensation attorney? First, you should search for a specific lawyer or law firm who specializes in workers compensation in your area. A lawyer who has experience dealing with workmans compensation can make the whole process much easier and less stressful.

Often the phone book route is pretty time-consuming, but you still need a lawyer for your case. Getting a referral for a good lawyer from friends and family members, especially those in legal professions or who have dealt with your type of situation themselves, will be happy to pass along their preferred attorney. Personal references, especially for something as tricky as workers compensation, are the best references you can get.

Once you find a workers compensation lawyer that fits your needs, then comes the interview process where you get to ask quick lists of questions to the potential attorney to ensure he is the right lawyer for your case. These questions will help you learn about the lawyer and how he works, and will also help you begin to understand what needs to be done to get a claim heard. Ask questions about education: did the attorney study in your area, or somewhere else? What kind of experience or previous work has he done in the past? Has he handled these kinds of cases before, or are you his first? What were the outcomes of some of his cases - how many has he won? You want an attorney who is experienced and well-versed in all aspects of workers compensation, particularly one who has worked in your area and knows the lay of the legal land.

Once education has been sufficiently vetted, ask a few questions about the process. Describe your case to the lawyer, and ask his honest opinion - does he think you have a case at all? What happens once the attorney takes your case? What kinds of forms and information will your lawyer require? Workers compensation cases are based largely on medical records, safety reports, and accident reports, so you'll need to find out which reports your attorney will need to make a solid case for your workers compensation claims. You'll find as you ask these questions that you'll quickly determine which lawyer is right for your case. Your next step will be to get to his office and start filing the paperwork. But don't worry, you'll be in good hands, as you've already assured.

Workers Compensation Classification - Workers Compensation Classification Board of Appeals

Workers compensation is a bit beneficial to the victims of injuries and the likes. It is their aid in assisting them with medical finances and stuff. Workers compensation can be useful to workers since their employers are required to secure it. Employees compensation is also classified according to what the injuries are committed. Workers compensation classification is an arranged compensation in which it is based on how much the award will be given.

The classification has been made by the so called workers compensation classification appeals board. The said board is created to receive complains from employers who question the calculation of the compensation given. The appeals board is consist of five voting members who have enough knowledge about the compensation, however; there will be a member who will not vote and the following will discuss the qualifications of the members.

There will be two members who will be given employees compensation insurance policies to companies in which they will be paid by insurance companies. However, they will not be members of the same insurance company.

The workers compensation classification board also has a member who will not vote and will be an employee of a workers compensation rating organization. This organization will serve as the technical team of the board.

The remaining three members will represent employers who are private. Each member should have enough knowledge about the employees compensation insurance and must be familiar with the environment of each business and the state as well. One private employer member must represent the construction field.

Representatives of insurers and the members of private employers shall be chosen by the insurance commissioner. The representatives of the rating organization will be appointed by its chief executive officer. But before the appointment comes, nominees for the appointment are open to the commissioner. Thus, the commissioner will notify the organization about the identity of the appointees.

The employees compensation board of appeals will play a big role to the compensation classification. It will serve as the investigator or the one who will be responsible in giving the employees their answer regarding the compensation. Employees compensation classification is a big help to workers who are aiming for the compensation.

Workers Compensation in Australia - What Should I Do If I Am Injured At Work?

All Australian employers are required to take out workers compensation insurance to ensure that their employees are covered in the event of a workplace accident, although the details of the statutory workers compensation schemes vary from one State to another.

Australians who are injured at work or on their way to and from work may be entitled to lodge a workers compensation claim. They may also be eligible for compensation if they are injured whilst performing activities associated with work such as taking a lunch break or attending a business conference outside of normal work hours.

Although all of the States and Territories of Australia have slightly different workers compensation laws, in all cases they are not fault based schemes. This means that Australians can claim compensation for workplace injuries regardless of who was at fault. Workers may lose the right to lodge a compensation claim if they were violating the law at the time when the accident occurred or if they were neglecting to follow safe work practices documented as company policy. However, even in these instances there are cases where a compensation claim may be possible. Individuals in these situations should seek the advice of an accredited personal injury lawyer to ensure that they are aware of their rights.

Whenever a workplace injury occurs, the injured person should seek immediately medical attention - preferably from a qualified doctor. Often individuals neglect to do this if the injury seems minor, but this can cause problems down the track if they attempt to claim compensation for complications that are not immediately apparent. It is always best to be on the safe side and get the injury checked by doctor as quickly as possible even if this is not required by the employer. The injured person should ensure that they receive a copy of the WorkCover Medical Certificate.

In every State and Territory of Australia, individuals who suffer a workplace accident have an obligation to inform their employer that an injury has occurred within a reasonable amount of time. The exact length of time permitted by the law varies from one state to another, but the injured person should notify their employer as soon as practical to ensure that they don't lose the right to lodge a workers compensation claim.

Injured workers may be able to claim medical expenses and rehabilitation or retraining costs from their employer's workers compensation insurance, as well as payment for lost earnings. In addition, they may be entitled to claim a lump sum payment if they were permanently impaired by the accident.

Because worker's compensation is a no fault scheme, the injured worker does not automatically receive additional compensation for employer negligence if this was a contributing factor in the accident. However, the worker may be entitled pursue a separate common law negligence claim against their employer in this case. The amount of damages awarded will be dependent upon the extent of the workers injuries and the expenses incurred as a result of the injuries. However, in some States, being awarded damages for negligence may affect the individual's right to compensation under the relevant Workers Compensation Act.

Because this area of the law is complex and varies from one State to another, it is a good idea to talk to an accredited personal injury lawyer before choosing a course of action. In particular, be very wary about accepting any offer from an insurance company before getting legal advice - in most cases, once you accept an offer you forfeit the right to pursue legal action for employer negligence.

Tips on How to Choose the Best Workers Compensation Lawyer

The workers compensation lawyer that you finally choose to have representing you in your claim should be one who is a specialist in this area. The law in these kinds of cases is tricky and you need to have a lawyer who knows the ins and outs of this kind of thing. How terrible would it be to have a workers compensation lawyer that was new to the field and who had never worked on a case like yours before? It would be horrific. That is why you need to talk to all potential workers compensation lawyers and ask them how much experience they have with cases just like yours.

Only choose the workers compensation lawyer that has been working with these kinds of cases for several years, at least ten, preferably more. Steer clear of new workers compensation lawyers, they are not what you want to deal with. Be absolutely sure that the workers compensation lawyer that you hire is a real honest to goodness specialist.

Find out how they have been rated by other workers compensation lawyers, their peers. This is a crucial step in the process of choosing the right workers compensation lawyer. This will give you a clear and accurate picture of each and every workers compensation lawyer candidate. Those reviewing them, the other lawyers know what to look for and they know what is missing. You would not be able to pick out these sorts of things because you know nothing about the law. Take their word for it, they are the experts.

More and more workers compensation lawyers are going online these days. It would not hurt for you to check out the site of the workers compensation lawyer that you are considering hiring. What does it look like? Is it professional? You can tell a lot about a person and their standards by their websites. If it is a terrible site filled with spelling errors and sloppy work then you may want to go elsewhere when looking to hire a workers compensation lawyer. You do not want to choose a workers compensation lawyer that does not pay good attention to detail. That could lose you your case. And the workers compensation lawyer that you choose should be willing to part with some good facts and tips for free. You should be able to find some helpful info on the website, if you don't then this workers compensation lawyer may not really care about other people. You want your workers compensation lawyer to care about you and the outcome of your problems.

Does your workers compensation lawyer belong to any special groups for workers compensation lawyers? Hopefully so, this shows some dedication on the part of your lawyer. Dedication and attention to detail is what will win the day. So look for them in each workers compensation lawyer that you interview for the job and only choose the workers compensation lawyer that has them both.

Social Security Disability & Workers' Compensation: Can You Get Both in Virginia?

You are disabled and you are on Workers' Compensation for your injury and you want to also obtain Social Security Disability for this injury. This article addresses whether this is possible.

Social Security Disability, is a Federal program that provides monthly income to disabled people (1) who have paid into the Social Security system while working and (2) who have proven they are disabled and unable to work. The amount of monthly income is dependent upon earnings paid in by the worker in the years prior to the disability with the maximum benefit a disabled worker could receive in 2006 being $2,053.00 per month. The worker's dependents could receive an additional 50% of his amount.

Virginia Workers Compensation. is a state of Virginia program that provides benefits for the disabled worker who is injured on the job. The amount of the benefit is two thirds of the worker's gross salary with a cap of $773.00 per week as of July 1, 2006 which would be about $3,320.00 per month.

The Social Security Offset: In 1965 Congress passed an amendment to Social Security enacting the Social Security Offset. Since 1965, Social Security will reduce its benefit if a combination of the Social Security benefit and the Workers' Compensation benefit exceeds 80% of the worker's average current earnings. Social Security calculates the average monthly earnings based on the best year of employment in the five years preceding the onset of the worker's disability.

An Example of how the Offset Works: John Doe receives a monthly workers' compensation benefit of $3,000.00. John Doe then qualifies for Social Security and would receive $1,500.00 a month based on his earnings record with Social Security with an additional $750.00 for his children. Social Security calculates John Doe's average earnings based on his best year in the last five years prior to his disability as $5,000.00 per month. However, the combination of John Doe's Social Security and Workers' Compensation equals $4,500.00 ($3,000.00 plus $1,500.00) and 80% of his average earnings is only $4,000.00 ($5,000.00 x 80%). Thus, John Doe exceeds the 80% cap by $500.00 and his Social Security would be reduced to $1,000.00 per month ($4,500.00 - $4,000.00) and he would receive nothing for his children. If John Doe had dependents, they could have received 50% of his $1,500.00 Social Security amount or $750.00 as their dependent check. However, due to the receipt of Workers' Compensation the dependents would not receive anything. Thus, John Doe in this example loses $500.00 per month for himself and $750.00 per month for his children in Social Security due to his receipt of Workers' Compensation benefits.

What About A Settlement to Escape the Offset? John Doe cannot easily escape the offset by doing a lump sum settlement of his Workers' Compensation Claim. Normally, if John Doe does a lump sum settlement of his Workers' Compensation Claim, the settlement will still be subject to the offset. Social Security will prorate the settlement to reflect the monthly rate that would have been paid had the lump-sum award not been made. Medical and legal expenses incurred by the worker may be excluded when computing the offset. For example, if John Doe settles his workers' compensation claim for $100,000.00, Social Security will divide this $100,000.00 by fit by $3,000.00 (his monthly workers' compensation benefit, pre-settlement) and continue the offset for over 33 more months ($100,000.00 divided by $3,000.00). An experienced Workers Compensation/Social Security lawyer may be able to avoid this offset.

In Summary,like tax planning to avoid additional taxes, a worker who is receiving both Workers' Compensation and Social Security Disability, must do careful planning to avoid a reduction of his benefits for both himself and his dependents. This is especially true if the worker does a lump sum Workers' Compensation settlement. If the worker is not careful, the worker may face a reduction of his Social Security Disability for both himself and his dependents for a long time. In the above example John Doe had an offset for another 33 months because he did a settlement without consulting an experienced attorney.

Social Security has not allowed claimants to later amend worker's compensation settlements to avoid the offset; therefore, careful planning must be done prior to the settlement.

Workers Compensation Rates - What Insurance Companies Don't Want You to Know!

Workers' compensation rates have been on the rise across the country.

Wouldn't you like to know if you are being overcharged?

Insurance companies are notorious for giving people the runaround when it comes to analyzing their workers compensation premium amounts or the calculation of their experience modification rating. It's in the insurance company's best interest to keep you ignorant about your policy. If you knew about these mistakes you would be demanding a refund on your overpaid workers' compensation premium.

Things They Don't Want You to Know:

    Lack of One Entity Overseeing the Process: The insurance company will only do as much as they have to according to the state insurance laws. They do not calculate the experience modification factor or develop classification codes. This is done by rating bureaus like the National Council on Compensation Insurance (NCCI) or in California the Workers Compensation Insurance Rating Bureau (WCIRB). The insurance agency or broker is paid by the insurance companies and are subject to contracts with them. Because everybody works independently of each other, too many hands touching your data can lead to mistakes that cause you to be overcharged!
    Your Experience Rating Compares Your Company's Past Premiums with Past Losses: In reality, the formula compares the actual incurred losses for your company with average loss data for all companies in the state who utilize the same classification codes and similar amounts of payroll.
    Large Insurance Companies Don't Make Mistakes: The entire system is based upon a method of reporting data that almost guarantees mistakes. First, is simply the "human element" - people making mistakes, which leads to the "garbage in - garbage out/overpaid premium" problem. Second, there is the timing issue, with reporting the data to the bureau that calculates the experience modification. Lastly, as we have discussed above, no one is performing a quality control check on themselves or on each other.
    There Are Errors in The Calculation of Your Audit Premium: Unfortunately, many insurance company premium auditors are under tremendous pressure to audit as many policies as possible. On top of that, they are poorly trained in workers compensation laws and auditing procedures. As a result, payrolls are often reported incorrectly. They either are overstated, not limited by legitimate audit rules, or misclassified. Either way, it is costing your company money.
    Insurance Companies Would Never Recommend an Independent Audit: The workers' compensation insurance industry is burdened with errors from wrong classification codes to simple incorrect calculations, costing your business money. Because of the complexity of the workers compensation system and the various entities involved, there is no universal method to correct these errors. An independent audit would reveal these errors, entitling your company a refund, which would make the insurance companies look bad.

Question:

Would you allow an IRS agent to conduct an audit without an expert at your side?

Would it seem like a good business move if you were to have the IRS call you, ask you to send them your estimated taxes for the year, then have them pickup your records at the end of the year and just trust that they made sure you paid the lowest amount of taxes you were legally obligated to pay?

I don't think so!

A worker's compensation audit performed by the insurance company may actually cost you more than an IRS audit. Typically a workers' comp audit occurs every year, whereas you may never get audited by the IRS.

With workers compensation rates skyrocketing these days, it's a smart move to speak with a workers comp consultant about reviewing your insurance premiums to make sure that you are not being overcharged.

With over seventy years of combined experience in the workers' compensation industry, our experience and "inside knowledge" of the system allows us to understand the complication and red tape that can occur when dealing with workers' compensation premium overcharges and get you the money you are due.

Frequently Asked Questions About Michigan's Workers' Compensation Laws

Question: The injury that occurred was my employer's fault. Can I sue my employer for my pain and suffering?

Answer: Generally, Michigan law prohibits employees from suing their employers for damages, beyond the economic benefits provided by workers' compensation. However, you may be able to take legal action against the manufacturer of a defective product or against an individual (other than a co-worker) who caused the injury. If you have questions about your potential legal claims, you should talk with a Michigan workers' compensation lawyer.

Question: I believe that my injury resulted from a violation of my civil rights. Can I sue my employer in this situation?

Answer: Perhaps you can. In the workers' compensation law, there are exceptions to the general rule that prevent an individual from seeking non-economic damages from an employer. One exception is a civil rights violation; another is an injury that directly results from an intentional act by the employer. If you feel that one of these exceptions applies to you, talk with a Michigan workers' compensation lawyer about your potential legal claims.

Question: I was injured while on my way into work. Am I eligible for workers' compensation benefits?

Answer: Workers' compensation usually does not apply to one who is traveling to and from the place of employment. However, once a worker is on the employer's property, workers' compensation insurance may cover an injury.

It is important to note that employees who must travel to perform work assignments are covered by workers' compensation benefits if they are hurt on the job. For example, a person who is injured after leaving the worksite to make a delivery or attend a meeting at another location may qualify for workers' compensation, because the trip was an essential part of his or her job assignment.

On the other hand, workers' compensation may not cover an injury, if the employee was hurt while making a side-trip to handle purely personal business. If you have questions about coverage in this situation, talk with a Michigan workers' compensation lawyer.

Question: My co-worker and I were goofing around when I was injured. Am I still entitled to make a claim for workers' compensation benefits?

Answer: Michigan courts traditionally recognize that employees may engage in a certain amount of "horseplay." In most cases, this would still qualify an individual for workers' compensation benefits. However, each case must be evaluated separately, based on the specific circumstances. A worker who engaged in serious willful or intentional misconduct may lose the right to workers compensation benefits.

Question: My employer offered me a different type of job, but I feel that it is beneath my previous pre-injury position. Do I have to accept the position?

Answer: Michigan workers' compensation law requires injured employees to accept a position offered by their own employers (or other employment sources), if the new job is within their qualifications and training, and any medical restrictions. When the new job pays less than the previous position, the worker should receive partial wage loss benefits, to cover part of the difference between the individual's previous and current earnings.

A worker seriously risks any claim for continued workers' compensation benefits by turning down the offer of a job that he or she is able to do. If you are not sure how to handle a job offer or your employer demands that you actively look for other work, consult an attorney immediately.

Question: What happens if I try to return to work in a job that is supposed to be within my medical restrictions, but cannot perform the job duties?

Answer: Under the law, it should be possible for you to resume receiving benefits. However, your employer may challenge whether you made a real effort to return to work. If this happens, and you truly are unable to work, you should talk with a Michigan workers' compensation lawyer immediately.

Question: Can I choose my own doctor when I am getting treatment for my work-related injury?

Answer: For the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other medical care providers, as long as you select qualified medical professionals and notify your employer of your intentions.

If you or a loved one has suffered a workplace injury, it is important to talk with a Michigan workers' compensation lawyer with experience in Michigan worker's compensation law.