Archive for December 16, 2013

You Need to Request Medical Treatment in Workers Compensation

Workers Compensation

If you have been injured at work the Workers Compensation system that you will be forced into is very different than if you were injured in your everyday life.  That means that one of the first things you should do is contact a Workers Compensation Lawyer but even before you do that you will be best served by immediately requesting medical care for your Workers Compensation injury from your employer.

In a Workers Compensation case it is important that you let your employer know that you suffered a Workers Compensation injury early and often; additionally, it is equally important that you let your employer know that your injury requires medical care and you should request that your employer provide that care for for as long as you need it.  If your employer refuses to give you medical care for your Workers Compensation injury you should continue to request it even if you know the answer before you ask for it.

This course of action will allow your Workers Compensation Lawyer to do the best job possible for you.  Your repeated requests for medical treatment will be evidence that your Workers Compensation Lawyer will be able to use in showing that your employer knew about your accident, injury and need for treatment,as well as the employer’s liability for any medical bills you may personally incur as a result of your Workers Compensation case.

If you have a Workers Compensation case and would like to speak with a Workers Compensation Lawyer contact The Elster Firm for a free consultation.

The information provided is for general informational purposes and does not constitute legal advice.  No attorney-client relationship is created by this post.  The choice of an attorney is an important one and should not be based on advertising alone.

Workers Compensation Subrogation Payment

Workers Compensation

When your Workers Compensation Lawyer handles a third-party claim on your behalf there can be an issue of subrogation.  This means that the insurer that paid for your medical treatment and compensation in your Workers Compensation claim is entitled to some reimbursement of the costs they incurred by virtue of your Workers Compensation case; this is a right granted to the adverse party in your Workers Compensation case by statute.

It is important to have a Workers Compensation Lawyer handle your third-party claim because how an award or settlement is broken up is not very intuitive.  In a situation where a settlement is negotiated with the third-party the courts have developed a formula to determine how the settlement should be broken up between you, your Workers Compensation Lawyer and the adverse party in your Workers Compensation claim.  What this means is that while the adverse party in your Workers Compensation claim may have spent some amount in dealing with your Workers Compensation case they may not receive that entire amount.  Instead, the formula set forth by the courts makes the adverse party pay a proportional amount of the fees and costs associated with the third-party claim.  As such, just looking at a settlement amount cannot really tell you how much you will net from your third-party claim.

If you have a Workers Compensation Claim and would like to speak with a Workers Compensation Lawyer contact The Elster Firm for a free consultation.

The information provided is for general informational purposes and does not constitute legal advice.  No attorney-client relationship is created by this post.  The choice of an attorney is an important one and should not be based on advertising alone.