If you’re injured on the job, you have a workers compensation claim, and an employer doesn’t have to be negligent in causing you your injury as you may know. If you’re injured on the job in the course and scope of your employment, an employer is obligated to pay for all of your medical care; they’re obligated to pay for 2/3 of your weekly wages while you’re off; and they’re obligated to either pay you a permanent total disability or permanent partial disability payment at the end of your workers comp case.
There are many responsible employers who take their obligations to their employees seriously and I applaud that. Those folks should be paying all of your medical, making sure you’re fully back to work, paying your TTD or Temporary Total Disability while you’re off. They ought to be working with you, to assist you when you come back with limitations to accommodate you until you’re a full 100%. And they should be making sure you get good medical care.
Sometimes employers aren’t like that. Sometimes they try to not pay you your 2/3 weekly wages while you’re off. Sometimes they try to steer you the medical and say you’re better when you’re not. I have clients who are walking around with herniated discs in their back and the doctors are saying go back to work, it’s ridiculous, or swollen knee or hurt ankles or broken arms.
So, if they’re trying to steer the medical and be unfair to you, we can file hardships, we can write letters, we can do other things to make sure you get great medical care, and then at the end of the case, we always make sure that you get a really good settlement for your permanent total or permanent partial disability. We can send you one of our rating doctors. We can do all kinds of stuff to make sure that you’re as well compensated as you can be in this workers compensation system which is frankly kind of cheap and doesn’t give you money for damages for pain and suffering and some other components of damages.
So, you should, and some folks are reluctant to make that claim at the end of the case, but remember, you always have the claim even after your employer has paid everything else, you have a claim for whatever disability that injury has done to you, and you have, one, opportunity to make that claim, so two, your statute of limitations, and three, if no report of injury is filed, so I’d encourage you to make that claim.
If you have other questions about that, we’re at www.burgerlaw.com or 314 542 2222. Thank you.