Bremen Workers’ Compensation Lawyer
Workers’ compensation is a form of insurance that provides financial assistance to injured employees as a means of helping them recover and promptly return to work. While some workers’ comp claims are processed without incident, others may be unfairly delayed or denied.
Suffering a serious workplace injury may force you to take an extended leave of absence while you heal, and therefore, you may risk losing valuable income. Fortunately, a Bremen workers’ compensation lawyer could offer assistance if you have been seriously injured in a workplace accident and cannot obtain benefits to make up for your lost income. A personal injury attorney could help you process your claim and work to ensure that you receive all the benefits you are entitled to under state law.
Compensation for Temporary and Permanent Disabilities
The state’s workers’ comp system strikes a delicate balance between compensating those who have been seriously hurt at work and placing limits on how much money they can obtain for their injuries. A Bremen lawyer with experience in litigating workers’ compensation claims could assess an injured employee’s losses and identify the types of benefits to which they may be entitled.
How are Temporary Disability Benefits Calculated?
A hurt employee who cannot return to work for more than seven days may be eligible for temporary disability benefits. These equate to two-thirds of the employee’s average weekly wage prior to the injury, with a cap of $575 per week. The insurance company may pay a smaller amount to a hurt worker if they are able to return to work but not at their prior wage or salary level.
Permanent Total Disability Benefits
A permanent total injury – such as a complete loss of vision – may entitle someone to receive workers’ comp benefits for life at a rate equal to their temporary disability benefits.
Permanent Partial Disability Benefits
Permanent partial disability (PPD) benefits are available to those with some degree of permanent impairment, such as the loss of a finger. The amount and duration of PPD benefits are calculated based on a prescribed schedule.
How Can Someone Appeal a Denied Workers’ Compensation Claim?
An injured employee whose workers’ compensation claim is denied has the right to appeal this decision. An insurance company may deny a claim for a variety of reasons, such as if the employee did not notify their employer of their injury in a timely manner, or if there is a dispute as to whether the injury is work-related. A Bremen workers’ comp attorney could help an individual through the appellate process.
The first step in challenging a denied claim is to file a notice of claim using Form WC-14. The deadline to file a notice of claim differs depending on whether any medical treatment has already been provided, or if the insurance company has already made any disability payments. During mediation, a workers’ compensation judicial officer may order the parties to seek an agreement.
Hearing and State Board of Workers’ Comp Review
If mediation is not successful, the injured worker and their attorney have the option of challenging the denial in a more formal workers’ compensation hearing. The presiding judge should issue a ruling within 30 days. An unsatisfactory ruling of this hearing also may be appealed to the State Board of Workers’ Compensation (SBWC). Appeals to the SBWC must adhere to strict filing deadlines.
State Court Review
A party that disputes a SBWC ruling could file an appeal in the state’s civil justice system. Such an appeal must be filed in the county where the worker’s injury allegedly occurred, and within 20 days of the SBWC’s final order.
Speak with a Bremen Workers’ Compensation Attorney
You do not have to navigate the workers’ comp system alone if you sustained a serious workplace injury. A Bremen workers’ compensation lawyer could guide you through the claims process and work to ensure that you obtain fair payments. For assistance on your claim, schedule an appointment with an attorney today.
