Workers’ Comp
Is All We Do
Is All We Do
What Is Workers’ Compensation?
What is considered a workers’ compensation case?
The Workers’ Compensation Act was enacted in order to allow “injured [workers] or their dependents a simple, adequate, and speedy means of securing compensation” to reduce the cost to industry, which in turn affects the cost to the consumer. It’s a system that is all about money—and time is money. The idea was to allow for quick resolutions to injured workers' cases so as not to starve them out, but also to not bankrupt the employers by long, costly lawsuits for injuries sustained. It is a compromise on all sides for the general welfare of the people of the state.
In exchange for a speedy case (more so than typical litigation) that has somewhat set costs in place, the worker gives up the right to sue the employer. This compromise is what we call workers’ compensation. If you are hurt on the job, you are to receive medical care for the injury, wages for the time lost due to the injury, and compensation for any permanent disability. The worker does not have to prove the employer’s negligence.
A workers’ compensation insurance carrier can take up to 45 days after they are notified to determine if they are going to approve or deny your claim. Once denied, you have the right to request a hearing in front of an Administrative Law Judge (ALJ). Once requested, the carrier has up to 30 days to respond. The court date will then be scheduled “no sooner than 120 days” later. As you can see, even if all goes smoothly, you can easily be looking at 6 months before you appear before the ALJ.
This time can be (and usually is) much longer than this if there are medical disputes that will likely involve a medical panel report. Of course, your case can be resolved with a settlement agreement at any time in the process, and—depending on the facts of your case—this may be the most appropriate action to take. As always, we can give you a free evaluation of your case and show you the strengths and weaknesses that the ALJ will focus on.
See: Timeline for a Claim.
Workers’ compensation is a no-fault system, so it doesn’t matter if the accident was your fault. However, workers’ compensation does not cover intentional self-inflicted injuries. Disability compensation (but not medical benefits) may be denied for injuries from alcohol or drug abuse. Also, disability compensation can be reduced by 15% for willful failure to use safety devices or follow safety rules. Along those same lines, disability compensation can be increased by 15% if an injury results from an employer’s willful failure to follow safety rules.
Not under workers’ compensation. Part of the compromise of workers’ comp is the ability for quick litigation. The recourse through workers’ comp for the employer’s willful failure to keep the workplace safe by following safety standards is that an injured worker’s disability compensation may be increased by 15%. It is good practice to inform your employer of any unsafe working conditions at the workplace.
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My adjuster had denied my workers’ compensation claim for my on the job injury. I was not able to return to work and didn’t know where to turn. I was recommended to Tim Rose at Rose Legal and he took care of my...
I had talked with several other attorneys before I found Tim Rose. Tim was able to explain the law to me in a way that the other attorneys failed. I now understood what needed to be done to help move my claim...
We can't thank you enough for all you have done for us on our workers’ compensation claim. We'll never forget your kindness and dedication. It was such a positive experience for us. You were absolutely great!!!
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