Everything you need to know before hiring a workers' compensation lawyer.
Workers' comp covers most injuries that occur during the course and scope of employment, including accidents, occupational diseases, and repetitive stress injuries. Injuries caused by intoxication, intentional self-harm, or violations of safety rules may be excluded.
Retaliation for filing a workers' comp claim is illegal in all states. If you are fired, demoted, or harassed after filing, you may have a separate retaliation claim. Document everything and consult an attorney immediately.
Benefits include medical treatment coverage (all reasonable and necessary care), temporary disability benefits (typically 60%–66% of your average weekly wage), permanent disability benefits, vocational rehabilitation, and death benefits for dependents.
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Find a ContractorYou have the right to appeal. The appeals process varies by state but typically involves filing a formal appeal, an administrative hearing before a workers' compensation judge, and potential further appeals. An attorney is critical at this stage.
It depends on the state. Some states allow you to choose your own doctor; others require you to see an employer-designated physician, at least initially. Regardless, you have the right to an independent medical examination if you disagree with the treating doctor's findings.
A settlement (often called a 'lump sum' or 'compromise and release') is a negotiated payment that closes your claim. In exchange for a lump sum, you typically give up the right to future medical benefits and payments. Settlements should be carefully evaluated by an attorney.
If a third party — not your employer — caused your workplace injury (e.g., a negligent contractor, equipment manufacturer, or driver), you can file both a workers' comp claim and a personal injury lawsuit against that third party. The third-party claim is not subject to workers' comp benefit limits.
Deadlines vary by state — typically 30 days to report your injury to your employer and 1–3 years to file a formal claim. Missing these deadlines can permanently bar your claim.
An Independent Medical Examination (IME) is conducted by a doctor hired by the insurance company to evaluate your injuries. Despite the name, IME doctors are paid by insurers and often downplay injury severity. Have your attorney prepare you for the IME and consider your own expert evaluation.
Occupational diseases — conditions caused by prolonged workplace exposure (like mesothelioma from asbestos or hearing loss from noise) — are generally covered by workers' comp. These claims are more complex because establishing causation requires medical and exposure evidence.