Am I Suing My Employer?

Many of our new Workers' Compensation clients ask us if they are "suing" their employer by hiring an attorney in a Workers' Compensation case. My answer might seem strange, but if the question is are you suing your employer, the answer is there are no "lawsuits" in Workers' Compensation.

It may seem confusing, but once you break it down you will see that at the end of the day it is worth pursuing a Workers’ Compensation case. Here is how it works. An employer pays premiums to an insurance company (or in some cases an employer is approved to be self-insured, setting aside a sum of money) to insure its workers in case of a work injury. This is similar to paying an insurance premium to a company for insurance on your automobile. When a worker is injured and reports the work injury, a Workers' Compensation claim is filed with the insurance company (or administrator). 

Ultimately, it is not personal. You suffer a workplace injury or illness and there are systems put in place to help you. It is not suing your employer or trying to get someone in trouble. It is about working within a system that was created to protect you through your administrator or insurance company.

Discrimination at Work

Injured workers are entitled to have an attorney assist them with their claims, guiding them through the system and advocating on their behalf. It is unlawful for an employer to discriminate against workers for claiming an injury or hiring an attorney to assist them. 

Let us put it like this. If you broke your leg, you go see a doctor. It does not matter how you broke your leg or who is “responsible,” it just is a disability that needs care. The same goes for a work-related injury leading to a Workers’ Compensation case. You have been injured or suffered an illness, so you are entitled to an attorney to get the benefits you deserve.

What Is A PD Rating?

A Permanent Disability Rating, or PD Rating, is a percentage that shows how much a disability affects someone’s ability to work or make a living wage. Ultimately, the amount of benefits you can receive when you start a Permanent Disability case all comes down to what your PD rating is. The rating is based on the following factors: Your medical condition, the date you were hurt, your age at the time of the accident, the job in which the accident occurred, and how much the disability has been caused by your job as opposed to outside factors.

Workers' Compensation Law is Constantly Changing

Given the complexity of the present law, we have found that, in many cases, having a skilled Workers' Compensation attorney is more important now than ever to ensure that proper benefits are received.  The law is continuing to develop in response to the significant changes in recent Workers' Compensation "reforms," which were intended to limit medical treatment and reduce benefits.

Choosing a Doctor For Your Case

Choosing which doctor treats you for your work-related injury or illness is not as easy as going to your primary physician. Unfortunately, the decision of which doctor treats you is a complex rule set created by your employer. This rule set is based on legal guidelines that limit your medical care options. The average person may have trouble understanding these complex rules and may in turn not get the treatment or benefits they deserve.

One of the most important things to remember is that two important court decisions allow your employer to question doctors in order to obtain more details about your condition and subsequently your case. Employers may seek additional information in order to ensure an accurate evaluation of your permanent disability, or PD. All of these factors into your PD Rating, which will ultimately decide how many benefits you are able to obtain.

What Role Does Economics Play?

Economic loss can also play a role in your PD Rating. If your injury or illness causes significant financial hardships, this economic loss will be considered when determining your final disability rating. This is why it is extremely important to be open and honest with your Workers’ Compensation attorney. 

The Things You Might Not Know

These and other important issues can greatly increase the benefits received after a workplace injury. In most cases, the insurance company is not going to volunteer changes in the law that might result in increased benefits to the injured worker. That’s because it’s in their benefit for you to not know your rights. 

What Does Your Attorney Get?

Attorney's fees are written in the law and usually are approximately 15 percent of the permanent disability benefits received.  No up-front money is allowed, and if no benefits are recovered, there is no fee. At the end of the day, the goal of the attorney is the same goal you have. Make sure you get the benefits you deserve.

Understanding the laws behind filing a Workers’ Compensation case can be tricky and with the law constantly changing, we always suggest talking to an experienced and skilled Workers’ Compensation lawyer, like those at GEK, before making a claim. 

Without a skilled attorney, you might miss out on compensation, get poor representation, or lose out on your legal rights altogether.  

If you have any questions about a work injury or other legal issues and want to speak to a lawyer, call 213-739-7000 or click here.