Will I be entitled to receive any other benefits if I am not able to return to work at my regular job after being treated for my work-related injury?

You were injured in an accident while doing your job for your employer. A workers’ compensation claim was made, and you were approved for workers’ compensation benefits by your employer’s insurer because of the accident.

You have been getting your workers’ compensation benefits, but here is something that you would like to know. “Will I be entitled to receive any other benefits if I am not able to return to work at my regular job after being treated for my work-related injury that was caused by an accident?”

You may be able to continue getting your workers’ compensation benefits, or you may be entitled to some other kinds of workers’ compensation benefits if you are not able to go back and do your regular job that you had before you were injured in the accident on the job. This will be determined by some things.

Released by your primary doctor

Lets say that your primary workers’ compensation doctor releases you to go back and do your regular job, but you do not believe that you will be able to do the job that you used to do. What do you do? You are required to go back to work and try to do your regular job. If you do not do this, your workers’ compensation benefits can be stopped.

So, you go back to work, and you are not able to do your old regular job. Now, what do you do? If you stop within the first 15 work days, your employer is required to restart your workers’ compensation benefits, immediately.

If you are not able to do your regular job because of the injuries you received from the accident, you may be entitled to receive vocational rehabilitation benefits. These are benefits that you get while you are being trained for a different kind of work. Although the laws vary from state to state, these may be paid to you by the state where you live and work, your employer, your employer’s workers’ compensation insurance company or a combination of these three.

There are several different kinds of vocational rehabilitation services that may be available to you, depending on the state that you are in. These include:

Job analyses
Ergonomics assessment
Counseling
Interview coaching
On-the-job training
Tuition and education payments for retraining
Job-search assistance
Job-application and resume services
Wage-assessment evaluations
Transferable-skills testing and analysis
Labor-market surveys
Americans with Disabilities Act (ADA) reasonable-accommodation assistance.

Another workers’ compensation benefit that you may be eligible for if you are unable to do your regular job is Permanent Partial Disability (PPD). Again, this is a benefit that varies from state to state.

One of the best things that you could do is to get in touch with a workers’ compensation attorney about your case. A workers’ compensation attorney will be able to explain to you the workers’ compensation benefits that you may be eligible for if you are unable to do your regular job.

Related articles

• Doctor Releases to Full Duty, I Don’t Think I Can Do the Job (usworkerscomp.com)
• Lump-Sum settlement for Being Permanently and Totally Disabled From Employment (usworkerscomp.com)
• Changing Employers and Getting Workers’ Compensation (usworkerscomp.com)

Will I be entitled to receive any other benefits after I return to work at my regular job after being treated for my work-related injury?

You received a work-related injury from an accident where you work for your employer? Your employer was insured with workers’ compensation insurance, and you have been getting workers’ compensation benefits. A question that you may have is this, “Will I be entitled to receive any other benefits after I return to work at my regular job for my employer after being treated for my work-related injury?”

Usually, if you return to work for your employer at your regular job, this will mean the end of your workers’ compensation benefits for that particular injury. However, this depends on some things.

Permanent partial disability (PPD)

Depending on the type and nature of your injury, you may be able to receive permanent partial disability compensation (PPD) even after you return to work at your regular job. This comes as a result of a settlement between you and your employer’s insurance company, or it results from an arbitrator’s decision who was assigned to your workers’ compensation claim.

Another thing to consider is that your primary workers’ compensation doctor may release you to do your regular job without any restrictions, but you may still be experiencing significant pain and do not believe that you are able to do your regular job. What options are open to you?

If your primary workers’ compensation doctor releases you without restrictions, you have to attempt to do your regular job. If you do not, your employer’s workers’ compensation insurance company is permitted to suspend your weekly workers’ compensation benefits with ten days’ written notice.

Physically not able

If you make the attempt to do your regular job but are not physically able to do it and stop within the first 15 work days, your employer has to immediately restart your workers’ compensation benefits.

If your primary workers’ compensation doctor thinks that you are ready to go back and do your regular job, but you think that the doctor is wrong; sit down and talk with your doctor. Be certain that the doctor understands what the physical requirements are for your regular job, and why you do not believe that you are physically capable of doing them.

If your primary workers’ compensation doctor still believes you are physically capable of doing your regular job and you do not, you may want to think about exercising your right for an independent medical examination (IME) in order to get another doctor’s opinion concerning your physical abilities to do your regular job.

The State Board of Workers’ Compensation

If the disagreement between you and your primary workers’ compensation doctor cannot be resolved, this is what you will finally have to do. You will have to prove to the State Board of Workers’ Compensation that you are not physically capable of doing your regular job, and you will need to get your workers’ compensation benefits reinstated.

With all this in mind, it is extremely important for you to be sure that you can do the physical requirements of your regular job before you return to it. One important thing that you can do is to have a workers’ compensation attorney standing with you. A workers’ compensation attorney will make sure that your rights are protected, and that you receive all of the workers’ compensation benefits that you are entitled to.

Related articles

• What Happens When I Settle my Workers’ Compensation Claim (usworkerscomp.com)
• Can My Employer Ask Me to Submit to an Independent Medical Examination (usworkerscomp.com)
• Doctor Releases to Full Duty, I Don’t Think I Can Do the Job (usworkerscomp.com)

What happens if my employer offers me a settlement, and I do not accept it?

If you were hurt in an accident on your job and were approved for workers’ compensation benefits by your employer’s workers’ compensation insurer, you may wonder about this. What happens if your employer offers you a settlement of your workers’ compensation claim, and you choose not to accept it?

One thing that you need to understand is that when you do accept a settlement that is offered to you by your employer, that is all you will receive for that specific injury. Once you accept a settlement proposal by your employer, you are not permitted to change your mind and say, “I have decided not to accept the settlement.” It is too late. You are locked in to that settlement, and you will not get any more workers’ compensation benefits for that specific injury that you sustained in an accident on the job.

Carefully consider your employer’s offer

With that in mind, you should carefully consider a settlement offer from your employer before accepting it. In fact, it would be a very good idea to have the advice and counsel of a workers’ compensation attorney as to whether the settlement your employer is offering you is one that you should accept.

So, your employer has offered you a settlement of your workers’ compensation claim, and you choose not to accept it. What happens now? Where do you go from here?

Once again, you would be wise at this point to have a workers’ compensation attorney working for you. With a workers’ compensation attorney on your side, you may receive a better settlement offer from your employer.

Also remember, no one can force you to accept a settlement offer that is made by your employer. An insurance adjustor for your employer’s workers’ compensation insurance company may try to pressure you into accepting a settlement offer, but you do not have to accept it.

A guaranteed benefit

Having said this, it is important for you to understand that a settlement is a guaranteed benefit. If you accept it, you will definitely get what is offered. It may be a lump-sum settlement where you will receive a one-time, lump-sum payment in exchange for giving up certain of your rights. Or, it may be a structured settlement in which you get smaller payments over a period of time that may last for several years.

If you still decide not to accept your employer’s settlement offer, although it is not the same in every state, your workers’ compensation claim may proceed to a hearing at the workers’ compensation appeals board or litigation at the state court level in the state where you work and live. The judge at the hearing may rule in your favor. If this is the case, you may win more than what you were being offered by your employer. On the other hand, if the judge rules in favor of your employer, you may receive less than what your employer was offering.

A workers’ compensation attorney is the one who will sit down with you and evaluate your case. A workers’ compensation attorney will help you to get the best possible settlementfor your workers’ compensation claim.

Related articles

• What Happens When I Settle my Workers’ Compensation Claim (usworkerscomp.com)
• Handling Your Own Workers’ Compensation Case, Is it too Late to Get an Attorney (usworkerscomp.com)
• Statute of Limitations on Workers’ Compensation Claim in Illinois (usworkerscomp.com)

Should I Settle my Workers’ Compensation Claim?

If you suffer an injury in an accident at work for your employer and have been receiving workers’ compensation benefits, you may have this question. “What happens when I settle my workers’ compensation claim?”

Usually, when you settle your workers’ compensation claim with your employer’s insurance company, that is the end of your claim for that injury from the accident at work. If you settle your claim, you will not be able to get any more workers’ compensation benefits for that particular injury that you suffered in an accident at work. You are not allowed to say, “Whoops, I made a mistake. I should not have settled. Let me do this over again.” This means that you should use extreme thoughtfulness and care, and make sure that you have reached your maximum medical improvement (MMI) before you settle your workers’ compensation claim.

An insurance adjustor may try to pressure you into settling your workers’ compensation claim for your injury that happened in an accident at work. Remember this, no one can force you to settle your workers’ compensation claim.

Right time to settle

What you may really be wanting to know is, “Should I settle my workers’ compensation claim? Is that a good idea? How do I know when it is the right time to settle my claim?”

There are some things to consider that may help you to know when you should accept a settlement offer from your employer’s insurance company. They are:

Your age – If you are getting close to Medicare and retirement, you may have an easier time reaching a settlement with the insurance company.

The future financial situation of your family – The workers’ compensation checks that you receive each week will end with your death and a settlement.

Your future earning potential – As a general rule, you are not allowed to be gainfully employed at the same time that you are getting workers’ compensation benefits.

Being permanently and totally disabled – You should make sure that the amount of money that is offered to you in the settlement is sufficient to allow you to live with dignity for the rest of your life.

Not being able to go back to your old job – You should only settle when you believe enough money is being offered that will allow you to be able to live until you find another job.

The amount being offered – If you believe the amount of money that the insurance company is offering you to settle your workers’ compensation claim is too low, it probably is too low.

One of the wisest things that you could do is to have a workers’ compensation lawyer working for you. People who have a workers’ compensation lawyer usually get a larger, faster and better workers’ compensation settlement than people who do not have a workers’ compensation lawyer. You owe it to yourself and your family to get the best possible workers’ compensation settlement that you can for your injury that occurred in an accident at work. The best way to do this is to have a workers’ compensation lawyer working for you.

Related articles

• Lump-Sum settlement for Being Permanently and Totally Disabled From Employment (usworkerscomp.com)
• Handling Your Own Workers’ Compensation Case, Is it too Late to Get an Attorney (usworkerscomp.com)
• Changing Employers and Getting Workers’ Compensation (usworkerscomp.com)

Have you beenpermanently and totally disabled from being gainfully employed by an accident that occurred while you were working for your employer? You may wonder if it is possible for you to receive a lump-sum settlement because the accident at work has caused you to become permanently and totally disabled.

The answer depends on several things. Some of these are:

Was your employer covered by workers’ compensation insurance? In every state except Texas, most employers are required by law to carry workers’ compensation insurance. Even if your employer did not have workers’ compensation insurance, you may still be able to get a lump-sum settlement if you have become permanently and totally disabled as a result of an accident while you were working for your employer.

Was a workers’ compensation claim filed after your accident at work? If it was, that is the first step in getting a lump-sum settlement because of becoming permanently and totally disabled from being gainfully employed. If a workers’ compensation claim was not filed, you need to find out what the Statute of Limitations (deadline or timeline) is for filing a workers’ compensation claim in your state. If it is not too late, you need to file a workers’ compensation claim.

Have you been receiving workers’ compensation benefits? If so, these were for your medical expenses and lost wages in anticipation of you being able to return to work for your employer.

Requirements for getting a lump-sum settlement

Now that you are permanently and totally disabled from being gainfully employed, what do you have to do to receive a lump-sum settlement? This depends on the state that you live in.

In Oklahoma, you are required to prove that you are unable to engage in any substantial gainful employment given your age, education and experience. Your settlement would be 70% of your average weekly wages as long as it does not exceed Oklahoma’s average weekly wage.

In California, if it is established that you are permanently and totally disabled, you may receive either an Award of permanent disability that is paid to you in weekly amounts with medical care, or you may receive what is referred to as a Compromise and Release that is a lump-sum payment without any additional medical care being paid for by the workers’ compensation insurance company.

The key

The key to being able to get a lump-sum settlement in any state is proving that you are permanently and totally disabled from being gainfully employed. In many instances, this is not an easy thing to do. You will need the help and guidance of a workers’ compensation attorney to do this.

The best thing to do is to get the representation of a workers’ compensation attorney in your state. A workers’ compensation attorney will know what the workers’ compensation laws are in your state with regard to being able to get a lump-sum settlement for being permanently and totally disabled due to an accident while you were working for your employer.

It is important that you do not delay. Get in touch with a workers’ compensation attorney, today.

Related articles

• Handling Your Own Workers’ Compensation Case, Is it too Late to Get an Attorney (usworkerscomp.com)
• Changing Employers and Getting Workers’ Compensation (usworkerscomp.com)
• Doctor Releases to Full Duty, I Don’t Think I Can Do the Job (usworkerscomp.com)

You were hurt in an accident on the job. Your employer may have threatened you or tried to keep you from filing a workers’ compensation claim. Or, a workers’ compensation claim may have been filed, but your employer’s workers’ compensation insurance company denied the claim.

You were not trying to fake a work-related injury or scam an insurance company, you were genuinely hurt in an accident while you were working for your employer on the job. You may or may not have been able to return to work. You may have been fired by your employer, or you may have gotten a job with another employer.

The point is you were genuinely hurt in an accident on the job. You want to receive the workers’ compensation benefits that you were entitled to.

Handling your own case

For one reason or another, you did not hire a workers’ compensation attorney. You have been handling your own workers’ compensation case. In fact, you have been handling your own workers’ compensation case for 2 years, and you have not been able to get anywhere with your employer’s insurance company.

The thing you would like to know is, “Have I waited too long? Is it too late to hire a workers’ compensation attorney?”

Although statute of limitations vary from state to state, if you have met all of the notice requirements, it is not too late to get a workers’ compensation attorney. There is something that you should understand, however.

Better to have a workers’ compensation attorney

By handling your own case, the chances are that you have damaged your case for being hurt in an accident on the job. You will probably receive far less than you would have received had you hired a workers’ compensation attorney from the beginning of your case. When you have a workers’ compensation attorney on your side, you usually are paid more and are paid faster than if you do not have an attorney.

Here is something for you to consider. Would you pay anything if you were an insurance company without facing legal action? The only way an insurance company can show a profit is by taking in more than they pay out. It is in the best interest of the insurance company to pay you as little as they can get by with. An insurance adjustor may seem to be friendly and really care about you, but the bottom line is that an insurance company cares about its own interests, first and foremost.

If you have been handling your own workers’ compensation case for 2 years and have gotten nowhere with your employer‘s insurance company, this may paint a pretty dark picture. However, it is probably not too late to acquire the services of a workers’ compensation attorney.

You may still get benefits

After all, you have not been able to get anywhere with the insurance company in 2 years. An experienced workers’ compensation attorney should be able to do a lot better than that with your employer‘s insurance company. A workers’ compensation attorney may still be able to get you the workers’ compensation benefits that you deserve for being hurt in an accident on the job.

Most workers’ compensation attorneys work on a contingency basis. This means there is no attorney fee unless your case is won.

Related articles

• Statute of Limitations on Workers’ Compensation Claim in Illinois (usworkerscomp.com)
• Changing Employers and Getting Workers’ Compensation (usworkerscomp.com)
• What if I Want to See Another Doctor (usworkerscomp.com)

You were injured in an accident while doing your duties as an employee for your employer at work. Thankfully, your employer was covered by workers’ compensation insurance.

A workers’ compensation claim was filed. You were approved by your employer’s insurer, and you have been receiving workers’ compensation benefits for your injuries that you sustained in the accident at work.

Released for full duty

Your injuries from the accident at work were of such a nature that you have missed several weeks of work. You have been seeing a doctor regularly. You go to the doctor and he or she releases you back to full duty.

The problem is you do not think that you can do full duty. You do not believe you are able to do the job that you were doing before the accident took place at work.

What options do you have? What can you do? Are you required to try and do full duty work even though you do not think you can do it? Will you lose your workers’ compensation benefits if you refuse to go back to work for your employer.

Who does the doctor favor

The truth is that some doctors favor the employer and their insurance company more than they do an injured worker. Many times, they release a worker back to full duty before the worker is truly ready. A doctor may even do this before really determining the true nature of a worker’s injuries.

On the other hand, the truth is that some doctors favor the injured worker more than the employer. These doctors are probably not going to clear you for full duty at work until they are sure that you have achieved maximum medical improvement (MMI).

If the doctor who is treating your injuries releases you to full duty, you do have to try and return to work or risk losing your workers‘ compensation benefits. If you go back to work and are not able to do your job because of your injuries, you should tell your supervisor and make an appointment with the doctor.

Ask the doctor

If you tell the doctor that you were not able to do full duty work because of your injuries and the doctor still thinks you are ready for full duty, you should ask the doctor to let you see another doctor for a second opinion. If the doctor will not agree to this, you can ask your employer’s insurance company to allow you to switch doctors. If they will not permit you to switch doctors, you can ask for an independent medical examination (IME).

The laws and procedures for challenging a doctor who has released you to full duty when you do not think you can do the job that you did before the accident are not the same in every state. It is important for you to have a workers’ compensation attorney standing with you who knows the workers’ compensation laws and procedures in your state. A workers’ compensation attorney will make sure that all of your rights are protected, and he or she will guide you through a complicated process.

Related articles

• Changing Employers and Getting Workers’ Compensation (usworkerscomp.com)
• Can My Employer Ask Me to Submit to an Independent Medical Examination (usworkerscomp.com)
• What if I Want to See Another Doctor (usworkerscomp.com)

You were hurt in an accident on the job. The accident took place as you were doing your job for your employer. Your injuries that resulted from the accident on the job were of such a nature that you would not be able to return to work for several weeks.

Your employer is covered by workers’ compensation insurance. A claim is filed for workers’ compensation benefits because of your injuries that were brought about by the accident on the job.

Changing employers

So far, there is nothing unusual about this. This is a scenario that happens every day across the United States. However, something happens that causes you as an injured worker to have some important questions. You become employed by another employer. You have changed employers and are no longer working for the one you were working for when you were injured in the accident on the job.

Can you still get workers’ compensation benefits for your injuries, even though you have changed employers and are no longer working for the employer where the accident happened on the job? How is this going to affect the workers’ compensation benefits that you receive? What are you supposed to do?

The answers to these questions depend on several things. Some of these include:

Was your workers’ compensation claim for injuries that you received on the job denied by your employer’s insurance company? If so, you are still allowed to appeal your denial, even though you are no longer working for that employer. You still have the right to try and get workers’ compensation benefits for the injuries that you suffered on the job, even though you are now working for another employer.

Was your workers’ compensation claim approved by your employer’s insurance carrier? If it was approved and you are receiving workers’ compensation benefits, the fact that you are now working for another employer will probably affect the amount of the benefits that you receive. Depending on what your salary is from your new employer, this may reduce the amount of your benefits from workers’ compensation.

What are you supposed to do? You may be required to report in writing within a given time period to your former employer where the accident occurred or to his insurance company that your employment status has changed, that you are now working for another employer.

Workers’ compensation laws vary from state to state

It is important for you to understand that the laws regarding workers’ compensation are not the same in every state. Consequently, the procedure is also not the same in every state that you are required to follow in order to get workers’ compensation benefits when you are no longer employed by the employer you were working for when the accident took place in which you were hurt on the job.

You are going to need the help and expertise of a workers’ compensation attorney who is well acquainted with the specific laws in your state in regard to obtaining workers’ compensation benefits when you are no longer working for the employer where your injuries occurred. In addition, you may have other questions concerning workers’ compensation benefits. A workers’ compensation attorney is the one who has the answers.

Related articles

• Statute of Limitations on Workers’ Compensation Claim in Illinois (usworkerscomp.com)
• Third Party Claims for Injuries on the Job (usworkerscomp.com)
• What if I Want to See Another Doctor (usworkerscomp.com)

You were injured in an accident at work in Illinois. Perhaps your injuries did not seem to be serious at the time. You may have kept right on working. You may not have missed any work time at all.

It may be that your employer did not want you to file a workers’ compensation claim. Your employer may have threatened you if you filed a claim.

Claim not filed

At any rate, for one reason or another, you did not file a workers’ compensation claim. Now, a lot of time has passed since the accident took place at work. You may be having physical problems that you believe were brought about by the accident. You may have wound up having medical bills and expenses as a result of the accident at work in Illinois. You may have missed work because of injuries you received from the accident.

Some questions you may now have are, “Have I waited too long? Can I still file a workers’ compensation claim for my accident? Is it too late? What is the law in Illinois?”

The first thing that has to be answered is, “Did you let your employer know about the accident and your injuries within 45 days from the time that the accident took place?” If you did not, you may have forfeited your right to receive workers’ compensation benefits. If you notified your employer about the accident and your injuries within 45 days of the accident, you may still be eligible for workers’ compensation benefits.

Statute of Limitations

The Statute of Limitations is a time deadline that you have for filing a personal injury claim. In Illinois, the Statute of Limitations is 2 years from the date of an accident. This means that you have 2 years from the date that an accident happened in which you were the injured party to file a personal injury claim in circuit court.

In regard to filing a workers’ compensation claim in Illinois, it is a little different. The Statute of Limitations in Illinois for filing a workers’ compensation claim is 3 years from the date of the accident at work or 2 years from the date that you last received workers’ compensation benefits. The determining factor is which one of these came later.

Repetitive trauma

In the instance of making a claim for a “repetitive trauma,” determining the Statute of Limitations may be much more difficult. In the case of a repetitive trauma, it is extremely important to determine the correct beginning date. Even if you continue working with a repetitive trauma injury, it is not the last day that you work that is the beginning of your Statute of Limitations. It is the day in which your injury and its involvement with your job became apparent.

Even if you think it is too late, that you have missed your deadline, you really ought to talk to a workers’ compensation attorney. You may still be able to file a claim. There may still be hope. A workers’ compensation attorney will give you the best advice on what options are available to you.

Related articles

• Third Party Claims for Injuries on the Job (usworkerscomp.com)
• Can My Employer Ask Me to Submit to an Independent Medical Examination (usworkerscomp.com)
• What if I Want to See Another Doctor (usworkerscomp.com)

You have been involved in an accident on the job in which you sustained injuries. You believe that the accident was not the fault of you or your employer. You believe someone other than you or your employer was responsible for the accident on the job that caused your injuries. You believe it was due to a third party.

What can you do to be compensated for your injuries that were caused by a third party? What are you allowed to do? What options are open to you?

All states except Texas

In every state other than Texas, with few exceptions, all employers have to be covered by workers’ compensation insurance. If your accident on the job occurred in Texas, you need to find out if your employer has workers’ compensation insurance.

If your employer is carrying workers’ compensation insurance, a workers’ compensation claim should be made. The purpose of workers’ compensation is to pay medical bills, lost wages and certain other benefits to workers who have been injured on the job while doing their duties for their employer.

You are eligible for these benefits no matter whose fault the accident was that brought about your injuries. In almost all cases, fault is not a determining factor when it comes to getting workers’ compensation benefits.

Your only remedy

Even if your accident on the job was due to the negligence of your employer, your are not permitted to sue your employer. Workers’ compensation benefits are your only remedy when it comes to your employer.

This is not the case, however, when it comes to a third party other than your employer being at fault for the accident on the job that resulted in your injuries. When it is a third party that is at fault for an accident on the job, you may be able to sue them for losses that have been brought about by their negligence.

This is referred to as a third party claim. In a third party claim, you are usually allowed to make a personal injury claim against the party who was responsible for your injuries that resulted from the accident on the job.

Personal injury claim

A personal injury claim is a claim that is brought by an individual who has received some type of negligent damage. It is brought against whoever is responsible for this negligent damage. In this case, it is a third party.

In regard to workers’ compensation claims, your are limited to the amount and kind of monetary compensation that you are allowed to recover. This is not the case with a third party personal injury claim.

Third party claims

In a third party personal injury claim, you are permitted to sue for damages that go far beyond what you can receive from workers’ compensation. You are usually allowed to sue for things like suffering, pain, disability and emotional distress.

The laws regarding third party personal injury claims for injuries brought about by an accident on the job vary from state to state. The best thing to do is to contact a workers’ compensation attorney. A workers’ compensation attorney will look into your case thoroughly and see if you should file a third party personal injury claim, as well as getting workers’ compensation benefits.

Related articles

• Can My Employer Ask Me to Submit to an Independent Medical Examination (usworkerscomp.com)
• What if I Want to See Another Doctor (usworkerscomp.com)
• Injured in an Accident on the Job in Texas and Receiving Workers’ Compensation (usworkerscomp.com)