In most cases, your employer must carry workers' compensation insurance if they regularly have three or more employees working at any given time. You should be covered under the Workers' Compensation Act if you can demonstrate an employee-employer relationship. That said, certain exceptions do exist. Speaking with an experienced workers' comp attorney will help clarify your coverage and ensure you understand what benefits you may be entitled to receive.

You should inform your employer about a workplace injury right away or as soon as reasonably possible. You won't be eligible for medical care or income benefits until you've provided notice. Generally, if you fail to notify your employer within 30 days of the accident, you may lose your right to compensation unless you have a valid reason for the delay. A workers' compensation attorney can explain the notification rules and help you take the necessary steps to preserve your right to benefits.

Employers often argue that you were working as an independent contractor instead of an employee, or they may claim your accident didn't happen during the scope of your employment. They might also assert that you're not actually disabled from the accident or that your condition results from a prior injury or illness. Additional defenses can include allegations of willful misconduct, horseplay, intoxication, or providing false information about your medical history when you were hired. Reach out to a workers' comp lawyer to review the details of your situation and address any defenses being raised.

When you're hurt at work, your employer is responsible for paying your medical expenses and a percentage of your lost income if you're unable to work for more than seven days. If your injury prevents you from working entirely, you may receive temporary total disability benefits, which are capped at a statutory maximum depending on when your accident occurred. If you're able to work but earn less because of your injury, you might qualify for temporary partial disability benefits. You may also be compensated for any permanent partial disability rating related to the loss or reduced function of a body part. If your injury is catastrophic, vocational rehabilitation benefits may be available as well. A workers' compensation attorney can help you understand and pursue all the benefits you're entitled to under the law.

Your weekly benefit amount is determined by the average weekly wage you were earning prior to your accident. Temporary total disability benefits equal two-thirds of your average weekly wage, capped at a statutory maximum, and can be paid for up to 400 weeks from your accident date. Temporary partial disability benefits are calculated as two-thirds of the difference between your pre-injury and post-injury earnings, also subject to a maximum, and may continue for up to 350 weeks. Special rules apply when an injury is classified as catastrophic. A workers' compensation attorney can assist you in understanding how these calculations apply to your specific situation.

Your employer has the authority to select the physicians who will treat work-related injuries at their expense. If your employer has posted a panel of physicians at your workplace or has an agreement with a state-certified workers' compensation managed care organization, your options for medical treatment may be restricted. In some situations, you may have the ability to select your own provider. Understanding your rights regarding medical care is important, and a workers' comp attorney can explain your options and help you navigate the process.

We can review your case to help ensure you receive the most favorable settlement possible. If everyone involved agrees, your claim may be resolved through mediation. All workers' compensation settlements require approval from the State Board of Workers' Compensation before the employer and insurer can distribute any settlement funds. Having a workers' comp attorney representing you can help guide you through the settlement process and protect your interests during negotiations.