Workers’ Compensation FAQs
Case evaluations are completely free. We accept most cases on a contingency fee basis, meaning you won’t pay anything unless we win.
Your case will be evaluated by our primary workers’ compensation attorney, Ken Martin.
Independent contractors cannot file a worker’s compensation claim but it is ultimately up to the Court to determine your employment status. Just because your employer pays you via 1099 does not mean that you are an independent contractor in the eyes of the Court.
The Courts consider many variables when determining your employment status. I am available to help you understand how the Court might interpret your unique circumstance, but here are a few variables they might consider:
- whether or not you are engaged in your own full time business
- whether or not you use your own tools and supplies for the job
- whether you set your own work schedule
- whether you are free to hire and fire assistants
- whether you are paid a fixed rate for your work or paid by the hour
- whether you have a company uniform or use a company vehicle
- whether you are free to use your own judgement as to how you complete your tasks
Yes, you are entitled to the same workers’ compensation benefits as a fully naturalized citizen. It is also important to note that it is illegal for workers’ compensation insurance companies, or their representatives, to report you to Immigration Custom Enforcement authorities.
You are specifically entitled to have 100% of your medical related costs paid for and to receive ⅔ of your lost wages if your time out of work is supported by a doctor’s note. You are entitled to an additional benefit for any residual permanent partial disability that you retain at the time your medical treatment is concluded. This is calculated using a formula based upon the amount of your disability, the injured body part, and your average weekly wage prior to your injury.
A doctor’s note in support of your time away from work typically needs to come from the treating physician authorized by your employer’s workers’ compensation insurance company.
Residual permanent partial disability is the continued loss or degradation of your physical capabilities like hearing, sight, or mobility. An assessment to determine the exact nature of your permanent or semi-permanent disability is made by your authorized treating physician at the end of your medical treatment.
People who are determined to have continued disabilities are entitled to a specific sum of money which is calculated based upon your pre-injury average weekly wage and the State’s schedule of benefits for individual body parts.
There is no specific limit to how long you are entitled to receive ongoing medical treatment. There is typically a five hundred week ceiling when it comes to the time period during which you are entitled to receive benefits for lost wages. However, it is possible to apply for an extension of this five hundred week period.
There is still much that an attorney can do to assist you. This includes making sure that you are being paid the appropriate amount of benefits; making sure that you are receiving the best medical care; not just the care that the insurance company is approving for you; making sure that you make the correct election of final benefits when your medical treatment is concluded; and making sure that your job is not jeopardized and if it is, that you are paid additional benefits for lost future wages. An attorney can also help you apply to the Industrial Commission for extended medical benefits in many instances, and can assist you in getting a second opinion regarding your entitlement for residual disability.
Yes. Our motto, “being with you every step of the way,” means ensuring that you are receiving the proper treatment for your injuries. This includes petitioning the court on your behalf for the right to obtain a second opinion and applying for the right to receive extended medical treatment if necessary.
It depends on the details of your case but I would be glad to provide a free assessment and I can assist you in obtaining and coordinating benefits with Social Security Disability and Medicare when appropriate.