In our experience, your employer is subject to the Workers' Compensation Act and should have workers' compensation insurance if it has three or more employees regularly in service at any one time. As long as you can establish an "employee-employer" relationship, you should be entitled to protection under the Act. However, there are some exceptions, and consulting with a knowledgeable workers comp attorney can help you understand your rights and ensure you receive the benefits you deserve.

If you are injured on the job, you should notify your employer immediately or as soon thereafter as practicable. You are not entitled to medical or income benefits until notice is given. Based on our experience, if you do not give notice within 30 days of the accident, you will not be entitled to compensation unless there is a justified reason for the delay. Consulting with a top workers compensation lawyer can help you understand the notice requirements and ensure you follow the proper steps to protect your rights to benefits.

Your employer may contend you were an “independent contractor” rather than an employee or argue that your accident did not arise out of and in the course of your employment. They may claim that you are not disabled from working due to the accident or that your medical condition and disability stem from a preexisting issue. Other common defenses include but are not limited to, willful misconduct, horseplay, intoxication, and misrepresentation of your medical history during the hiring process. Contact a local workers comp lawyer from our team to discuss the specifics of your case.

Based on our experience, if you are injured on the job, your employer must cover your "medical expenses" and a portion of your lost wages if you are disabled from working for more than seven days due to your injury. If you are completely unable to work because of your injury, you may be entitled to "temporary total disability benefits," with a maximum statutory amount based on your accident date. If you can work but have a reduced earning capacity because of your injury, you may qualify for "temporary partial disability benefits." Additionally, you may be compensated for any "permanent partial disability" rating assigned for the loss of a part or member of your body or a partial loss of use. In the case of a "catastrophic" injury, you may also be eligible for "vocational rehabilitation benefits." For help in navigating these benefits, consult the best workers compensation lawyer to ensure you receive what you’re entitled to under the law.

Based on our experience, the amount of your weekly benefit is based on the average weekly wage you earned before your accident. Temporary total disability (TTD) benefits are paid at 2/3 of your average weekly wage, up to a statutory maximum, for no more than 400 weeks from the accident date. Temporary partial disability (TPD) benefits are paid at 2/3 of the difference between what you earned before and after your accident, also subject to a statutory maximum, for up to 350 weeks. Different guidelines apply if your injury is designated as “catastrophic.” Consulting with a top workers compensation lawyer, like one from our team at the Law Office of Lynda S. Parker, can help you navigate these calculations.

We have found that your employer does have the right to choose the doctors they pay to treat employees who have been injured on the job. If your employer has posted a Panel of Physicians at your place of employment or has contracted with a Workers’ Compensation Managed Care Organization certified by the State Board of Workers’ Compensation, your choices for a treating physician may be limited. Under certain circumstances, you may be able to choose your medical provider(s). It's important to understand your rights in this process, and a workers comp attorney can help guide you through your options.

We can evaluate your case to ensure that you obtain the most advantageous settlement. If all parties agree to participate, your case may be settled through mediation. All workers’ compensation settlements must be approved by the State Board of Workers’ Compensation before any settlement proceeds are paid by the employer and insurer. Having a workers comp attorney by your side can help work through this process and advocate for your best interests during negotiations.