Injured workers need to have their legal rights protected in the Workers’ Compensation system, according to Rand Spear, Philadelphia’s accident attorney.
People work for a reason, they need the paycheck. An on the job injury should not result in lost pay or a worker having to pay for their own medical treatment. The workers’ compensation system was established so those medical bills would be paid and income would continue for injured employees. Although the system is more streamlined than the court system, Rand Spear, Philadelphia’s Philadelphia Workers compensation Lawyer
advises those hurt on the job contact an attorney to protect their interests in a new Google+ hangout.
“Workers compensation is insurance coverage offered through your employer, so if you get hurt on the job you should be covered for benefits,” Rand says. He suggests workers report injuries to management as quickly as possible and though the medical care shouldn’t cost the employee anything, it comes with strings attached. “You’ll be required to initially treat with one of the employer’s doctors and they will try to diagnose you and find out what’s wrong.”
Although you’re the patient, your employer’s insurance company pays the doctor’s bills which can result in a conflict between what’s in the worker’s interests (full recovery) and the employer’s and insurance company’s interests (reducing costs and having the employee return to work as quickly as possible).
“It’s very important to act promptly and seek your own attorney to represent you. The Workers” Compensation carrier is looking out for the employer and the doctor they send you to is paid for by the insurance of the employer. No one’s in your corner at this point. You should promptly contact an attorney, find out what your rights are, the time requirements, to make sure you do everything to make you entitled to collect both medical and income benefits.”
Philadelphia Workers compensation Attorney Rand Spear says injured workers are entitled to medical care and up to 80% of the wages that would’ve earned if there was no injury. If the employee suffers a permanent limitation he or she should be entitled to a lump sum computation. All the benefits the person would be entitled to would be calculated, it would be received at one time, and the worker puts the issue behind them and moves on with his or her life.
The extent and duration of the injury is determined by physicians, diagnostic tests and studies. Vocational experts are used to determine if the injuries prevent the worker from coming back to work in general or just to the particular job. A disability may be total or partial, temporary or permanent. “There are a lot of factors involved which is why you should have someone in your corner, on your side, who’s looking out for you, doing what’s in your best interests,” Spear says.
Another reason to retain an attorney for a work related injury is that Worker’s Compensation may just be the start of the employee’s legal rights. Though the employer can’t be sued in court, if another party is responsible for the injury that happened on the job that party might be sued in order to obtain compensation for the injury. For instance if a construction worker is injured due to defective scaffolding, that scaffolding contractor (if different than the employer) might be sued possibly along with the companies that made and sold the scaffolding.
“Everyone’s interests are different than your interests. You really need to get someone whose only interest is helping you,” Spear says.
If you or a loved one has been injured on the job, get medical attention then promptly call Rand Philadelphia Workers compensation Attorney Spear’s office at 888-373-4LAW to protect your legal rights. He helps those injured in Pennsylvania and New Jersey.
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