WORKERS’ COMPENSATION — LIVE AND IN-PERSON

All workers’ compensation matters returned to in-person effective July 1, 2021.  There is no remote or hybrid option.

The Workers’ Compensation Commission was quick to pivot, adapt and overcome the challenges presented by the corona virus pandemic which caused massive shut-downs in court and business operations in 2020.   Hearings were held telephonically and agreements and settlements were accepted remotely assuming increased paperwork requirements were met.  The Commission and Workers’ Compensation Bar section did a great job of communicating changes in procedure and the expectations of all participants.  The Chairman and commissioners made it clear, in word and deed, that cases were to move forward with as little delay as possible.  From my observations, all involved seemed to quickly be able to work within the framework necessitated by the CDC guidelines and Governor Lamont’s executive orders in order to keep the process moving with little, if any, back-log.

Covid-19 Deaths and Workers’ Compensation

According to research, most people who contract the Coronavirus go on to make a full recovery. Many don’t even develop any significant symptoms. These workers quarantine and either work from home or receive some form of payment for lost work.  Some people, as we know from the news, are not so lucky. Their Covid-19 symptoms are severe. Some causing death.  My understanding is that the majority of these victims have been elderly and were probably out of the workforce, making them ineligible for workers’ compensation claims. However, if these people were employed, elderly or not, they or their families may be eligible for workers’ compensation benefits.

If they died due to Covid-19, their spouses and/or dependents can file a claim for workers’ compensation survivor benefits.  Like all workers’ compensation claims, the burden is on the worker or worker’s spouse/children to prove that the Coronavirus infection and death were related to the worker’s job.  Given the unusual circumstances of the pandemic, certain laws have been entered that make this burden a bit easier for certain employees.  This is especially true if the deceased employee was deemed an essential worker and lost time from work, between March 10 and May 20, 2020, due to contracting Covid-19 during this period.

Survivors’ benefits include funeral expenses and potentially weekly compensation benefits. If you lost a spouse or parent due to Covid-19 and think the disease may have been contracted at work, it is in your best interest to contact a workers’ compensation attorney to evaluate your case and determine if you have a valid claim.

3 REASONS TO HIRE AN ATTORNEY FOR YOUR WORKERS’ COMPENSATION CASE

1. MAXIMUM BENEFITS – You get more benefits and compensation with an attorney than without – period. I don’t care what they claim on their touchy-feely commercials, insurance companies are in the business of making money. They make money by taking in more money from premiums for coverage (and investing it) than they pay out in claims. Their not evil, but the longer they can hold onto the money and the less they can pay out supports their best interest – not yours. An attorney knows all the benefits you are entitled to and the fair compensation to be paid. Since your attorney’s fee is based on a contingency, you and the attorney have the same best interest. The more you make, the more the attorney makes. A good attorney is going to get the most they can get for you.

2. FASTER MEDICAL TREATMENT – It is amazing how fast the insurance company obtains medical information that they may be able to use to stop your benefits and yet how long it takes for them to obtain medical information that requests authorization for additional treatment (yes, that is sarcasm you hear). But even before you get to seek authorization for treatment, you have to obtain the correct paperwork from the doctor. And even before you can request the paperwork from the doctor you have to get in to see the doctor. And before the doctor can see you, he or she has to have all the information necessary. It takes a Herculean effort to timely facilitate medical treatment. Even when you have someone dedicated to it, it takes longer than it should. Everyone is always waiting for someone else to do something…. You are your own best advocate – unless you have an attorney advocate!

3. NOT HAVING TO DEAL WITH THE INSURANCE COMPANY – Let’s face it, who wants to deal with an insurance company? Even most insurance agents don’t want to deal with claims representatives. Even attorneys that represent insurance companies don’t want to deal with claim representatives. When you are injured, you are going through enough stress. Let your attorney call, fax, email, remind, plead, remind again, argue, re-submit information, threaten, and do anything else necessary to keep your case moving forward. You can then focus on getting better and getting back on your feet.

If you have a worker’s compensation case, please speak to a good worker’s comp attorney before agreeing to any settlements.  Contact us for for a free consultation

What to do with an old Worker’s Comp claim?

Worker's Compensation Claims

Q. I have an old worker’s comp case. I no longer work for the company.  Can I go back for treatment or settle my case?

A. Technically, yes. If you have not closed your case, your workers’ compensation claim remains open your entire life. It does not matter if you don’t work for the company anymore or even if the company is still in existence. The insurance company is the entity that you deal with, not the employer. Now while you can always seek more treatment, it doesn’t mean that the insurance company is going to approve it. They will want to know information about you from the last time your worker’s comp case was active. Information they will likely request will include what work you have been doing, if you have been involved in any other accidents or suffered any other injuries. They may also want updated medical records. If the cause of your current complaints is not clear after reviewing the records, a statement from your doctor connecting your current symptoms to your work injury may be necessary. If, after all of this your request for further medical treatment is still not approved, you may request a hearing for a commissioner to make a recommendation on the matter. As for settling your case, the opportunity exists as you have an open case. However, the insurance company has to also want to settle and you and the representative will have to agree on a figure. Insurance companies usually indicate an interest in settling. However, the amount they are willing to pay and the amount you are willing to accept will determine if your case actually settles.

This question has been asked with increasing frequency lately as people are looking for any extra money they can get during these tough economic times. An unsettled workers’ compensation case is a resource for additional funds and should be explored. A consultation with our office will help you determine if settlement would be a good option for you and what your case may be worth.

3rd Party Claims in Workers’ Compensation

A basic workers’ compensation claim is between two parties, the injured employee and the employer. There are times when another, 3rd party, causes the injury sustained in the course of employment. This sometimes gives rise to a 3rd party personal injury claim in addition to the workers’ compensation claim.

A common example of a 3rd party claim involves someone who drives as part of their employment. If the employee is driving during and in the course of employment and is involved in an accident caused by the negligence of another, a 3rd party claim may be available. In the normal course of events, the employee will file a workers’ compensation claim. Thereafter, a 3rd party claim will be evaluated and proceeded upon. It is important to note that the injured employee cannot receive a double benefit. Any recovery in the 3rd party claim will first go to reimburse the workers’ compensation carrier for benefits paid. If the personal injury award exceeds the benefits paid, the employee will keep the balance less legal fees and costs.

Attorney Boufford’ s more than 20 years of experience will help you identify and evaluate 3rd party claims.