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Workers’ Compensation Attorney
Every year in the United States, private employers report millions of workplace injuries. Employees who are injured at work have the right to seek compensation from their employers, and our attorneys at May Jungᴸᴸᴾ can help them obtain the payments they need while they’re unable to work.
Workers who are injured on the job or become ill due to their occupation should not have to struggle to get the benefits they are entitled to under workers’ compensation. However, many such claims are rejected, leaving injured workers in a difficult situation financially.
May Jungᴸᴸᴾ’s workers’ compensation lawyers protect the rights of employees who are injured on the job and those who have lost loved ones as a result of workplace injuries.
Skilled in workers’ compensation law;
Well-regarded in the workers’ compensation field; and
Successful in securing benefits for injured workers.
If you’re hurt at work, don’t expect your employer or the workers’ compensation system to be fair. You need an experienced workers’ compensation lawyer to get the benefits you deserve and help your family during your recovery. May Jungᴸᴸᴾ can make sure you’re treated with respect in your workers’ compensation case.
Contact us today for a complimentary claim evaluation.
How Can a D.C. Workers’ Compensation Attorney Help My Case?
You are not required to hire an attorney to file a workers’ compensation claim, but it is strongly advised if you are seriously injured. Your employer’s insurance company will have an attorney throughout the process, so you will be at a serious disadvantage without one.
May Jungᴸᴸᴾ will serve your best interests and customize a legal strategy to try to get you the most workers’ compensation benefits possible. Our workers’ compensation attorneys will guide you through the claims process and help support your claim so you have the best chance of getting the maximum benefits available.
An experienced Workers’ Compensation attorney from May Jungᴸᴸᴾ, does the following and more on your behalf:
Files your initial claim for workers’ compensation benefits;
Gathers the necessary evidence to support your benefits claim;
Comprehensively documents your claim;
Argues your case at any hearings if your claim is disputed;
Manages appeals of adverse rulings such as denial of benefits;
Refers you to medical professionals for second opinions when needed;
Demands the maximum monetary benefit to which you are entitled by law;
Stands beside you throughout your recovery to assist and advise you regarding maintaining your benefits qualifications.
Working with an experienced workers’ compensation attorney can help ensure your claim is filed correctly and on time, avoiding any delays in the process. In most jurisdictions, you only have one year to file your workers’ compensation claim. Therefore, it is vital that you contact a seasoned workers’ compensation specialist to begin working on your case right away.
We can help you with your workers’ compensation claim from start to finish, so you can focus on healing. We’re dedicated to getting you the benefits you need. If you or a loved one were injured in a work-related accident or became ill from your job, please contact us for a free, confidential consultation.
What is Workers’ Compensation
Workers’ compensation is a no-fault, employer-funded insurance program that provides benefits to injured workers. For example, In Washington, D.C., all businesses with at least one employee must carry workers’ compensation insurance.
The D.C. Workers’ Compensation Program provides medical benefits and cash payments for job-related illnesses and injuries. Each employer must use a four-digit classification code to identify the type of work its employees perform.
The amount of coverage required in a company’s workers’ compensation policy depends on how risky the employees’ work is. For example, if they work on a construction site, they will need more coverage than if they do primarily clerical tasks.
The Workers’ Compensation Program protects workers from having to pay for sudden injuries or illnesses that develop over time due to occupational exposure.
What are the Benefits Available Under Workers’ Compensation
The severity of the injury or illness, as well as the length of time that the employee is unable to work, determines the severity of the employee’s compensation claim.
Types of disability recognized by the District of Columbia include:
Temporary total disability (TTD) — An employee is entitled to 66.67% of their average weekly wage if they are injured and cannot work for a temporary period of time.
Temporary partial disability (TPD) — Two-thirds of an injured employee’s average wage can be paid out as benefits until full recovery, including during a return to work with fewer responsibilities and a lower wage.
Permanent total disability (PTD) — The worker may collect two-thirds of his or her average weekly wage in lost income benefits for as long as benefits are needed if the injury prevents the worker from returning to employment of any kind or results in the loss of both eyes, hands, feet, arms, or legs.
Permanent partial disability (PPD) — Benefits for the permanent loss of some bodily ability are determined based on the nature of the disability and the worker’s occupation. Payment duration is capped at 500 weeks.
Medical benefits — Workers’ compensation can cover medical expenses, surgery, hospitalization, and the cost of prescriptions and medical devices until the person recovers.
Disfigurement — An employee may be entitled to an additional $7,500 in compensation for significant disfigurement of the face, head, neck, or another portion of the body that is not normally visible during work.
For more information on vocational rehabilitation services and survivor benefits, visit our Workers’ Compensation FAQ page.
What Injuries are Excluded Under Workers’ Compensation Benefits?
The injury or illness must have occurred during regular work hours or as a result of work duties in order to qualify for workers’ compensation insurance.
This includes, but is not limited to the following:
Injuries sustained at work,
injuries or illnesses caused by work, or
injuries suffered while working on someone else’s property.
Workers’ Compensation does not extend to:
Injuries suffered while the employee was committing a crime;
Injuries or illnesses caused by an employee’s use of alcohol or other drugs;
Self-inflicted injuries;
Injuries or illnesses that occurred while the employee was not working; or
Injuries or injuries as a result of an employee’s breach of a company policy.
Workers’ compensation can cover more than just physical injuries from a single event. It can also cover repetitive-stress conditions like carpal-tunnel syndrome, and occupational illnesses from things like chemical exposure.
Why are Workers’ Compensation Claims Denied?
A worker’s compensation claim may be denied for a variety of reasons, and an employer may challenge your assertion by insisting that the injury occurred outside of work. In other situations, a claim is accepted, but the injured employee is only entitled to a portion of the benefit if an error in the application is found.
Any discrepancy can be used by the employer, the workers’ compensation insurance company, or a claims consultant to deny a claim. If the beneficiary breaches the compensation policy’s rules, they will be terminated.
Common reasons a workers’ compensation claim may be denied include the following:
The injury is not covered by workers’ compensation;
The employee failed to provide the employer with timely notification of the injury;
There are no witnesses to the injury;
The worker filed for benefits after being fired or laid off;
There are discrepancies in the claim documents;
No evidence is provided of an injury; and
The worker has not followed their doctors’ orders.
Any employee’s compensation denial letter serves as a deadline for appealing. However, some denials are quickly resolved and are due to procedural inconsistencies or misunderstandings, but other employees’ compensation claims are more difficult and are best handled by seasoned workers’ compensation lawyers.
Reach out to an experienced workers’ compensation advocate for clarification of a specific employee’s compensation denial letter and learning more about workers’ compensation denials and appeals.
What to Do After a Workplace Injury
An injured or ill worker must meet certain requirements and deadlines to obtain workers’ compensation benefits and maintain eligibility for payments. Making a mistake can be financially devastating for the worker or their family.
When hurt at work, an injured worker must do the following:
Report the injury. Notify the employer of any injuries straight away; there may be internal procedures for reporting an accident in order to avoid a claims lawsuit.
Seek medical attention immediately. If possible, get medical care from the employer’s specified provider. Choosing the employer’s provider will make it easier to get your claim approved.
If a worker suffers a work-related injury, injured employees can choose their own doctor, but the injured party cannot change the doctor until the Office of Worker’s Compensation or their employer’s insurance company allows them to do so;
Tell the doctor about any symptoms, limitations, and actions that make the injury worse or more irritating. It is very important to give the doctor a complete medical report so that the injury is correctly recorded for the workers’ compensation claim.
Report any work-related injuries to the Office of Workers’ Compensation within 30 days, and
File a claim within one year.
If an employee dies as a result of a work-related incident, the employer must report it within eight hours. If an employee is hospitalized, has an amputation, or loses an eye as a result of a work-related incident, the employer must report it within twenty hours of being informed of the injury.
Third-Party Claims
Workers’ compensation is generally eligible for medically invasive procedures, medications, rehabilitation services, and time off work, but workers’ compensation does not compensate for non-economic losses such as pain and suffering, emotional trauma, or mental anguish.
If someone other than your employer was responsible for your workplace accident, you may have a third-party claim. This other person or entity is known as the third-party.
A third-party may be:
The accident was caused by the careless or negligent actions of an individual person,
the oversight of a company, general contractor, property owner, or other business entity, or
the poorly designed or defective products of a manufacturer.
A third-party lawsuit is a civil rights lawsuit that can be brought at the same time by a worker’s compensation claim and a third-party lawsuit. For more information about filing a third-party lawsuit, contact an experienced workers’ compensation lawyer.
Contact an Experienced Workers’ Compensation Attorney Today
If you or a loved one have suffered a job-related injury, occupational illness, or workplace death, our workers’ compensation attorneys can help you fight for the benefits you deserve. Contact us for a free legal consultation to see how we can help you and your family.
At May Jungᴸᴸᴾ, our lawyers help injured workers with workers’ compensation claims and appeals. To schedule a free initial consultation, call 833-MAY-JUNG (629-5864) or contact us online.
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