Certified Specialist in Workers' Compensation Law and Social Security
Certified Specialist, Workers' Compensation Law, Social Security, Personal Injury, Veteran's Disability
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Law Offices of
KEITH A. SEAGULL, A.P.C.
Making a false or fraudulent workers' compensation claim is a felony subject up to 5 years in prison or a fine of up to $5,000 or double the value of the fraud, whichever is greater or by both imprisonment and fine.
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Workers' Compensation
Workers’ compensation provides benefits such as recovery of lost wages, medical treatment, and compensation for permanent disability. Many states workers’ compensation programs also provide other benefits to injured workers, including vocational retraining and return-to-work programs.
If you were injured while at work and your employer claimed that you are not entitled to receive benefits, you should fight for your rights with the assistance of a Workers' Compensation attorney.
Here are the three eligibility requirements for this program:
1. Your illness or injury should be work-related- Workers' compensation will likely cover your illness or injury if it was work-related, meaning you were hurt while performing a task which is required by your employer.
2. You should be working in the company as an employee- Not all people who are in the workplace are considered as employees. For example, independent contractors cannot receive workers' compensation benefits because they have a different status compared to regular workers. Employers should be careful when determining whether an individual is an employee or not. If they failed to provide benefits to an employee, they may be sued by the aggrieved party.
3. Your employer is required by the law to provide workers' compensation benefits- The responsibility of your employer to give you benefits may depend on different factors like the kind of business he is managing, number of workers he has, and state where the company is built. In some states, employers who have at least three workers are covered by this insurance.
Your attorney will determine if you are covered by this insurance by looking at the three eligibility requirements. If he was able to prove that you are eligible for it, you may then be entitled to receive the following:
• Medical expenses- It will cover the cost of your hospitalization, medical treatment, and doctors' fees.
• Vocational rehabilitation- It will cover the expenses of your re-training if it is needed because your condition prevents you from doing your current job duties. In addition, it may also shoulder the costs of your physical therapy if you are taking it in order to recover.
• Disability compensation- It will help you sustain your daily needs if your condition causes you to be temporarily or permanently disabled.
Filing a Claim
If you are injured on the job or believe you have an occupational disease, report this to your employer immediately. You could lose your right to file a workers’ compensation claim, and thus forgo your workers’ compensation benefits, if you do not meet the requirements in your state for timely reporting an injury or illness.
No Fault System
In every state, workers' compensation is a benefit system designed to be "no fault," meaning it is irrelevant whether your employer's negligence (carelessness) contributed to your work-related injury or occupational disease. What matters is that you were involved in a workplace injury or suffered an occupational disease in the course of your employment. Additionally, in most circumstances, an employee's own negligence will not prevent that employee from getting workers' compensation benefits.