Although the decision is a very personal one, it is usually wise to consult with legal counsel experienced in dealing with workplace injuries. Personal injury and workers’ compensation cases can often be complex. In some states, such as Texas, a worker may not be able to sue his or her employer, depending on the type of insurance the employer has. He or she may, however, be able to sue a subcontractor.

You may choose to represent yourself. However, this is generally not advisable. You may find it difficult to deal with insurance companies, and many people ultimately end up with a settlement that is far lower than they may have been able to obtain with the assistance of legal counsel.

Yes, any and all information in your claim file is confidential and not shared with anyone. The only individuals that may access the information in the file are those that are directly dealing with your claim and have a right to read the information.

Yes, you are required to make an appointment with the designated physician. This doctor is to make recommendations about your medical condition and/or help to resolve a work injury dispute.
There are a number of things the designated doctor will do:

• Assign you an impairment rating should you have reached the point where you have improved as much as medically possible
• If you have not reached your maximum improvement, you are not assigned a rating
• Test and evaluate all body parts affected by your workplace injury or illness
• Review all other medical reports submitted by other doctors who may have treated you
• Turns in an evaluation, documentation and a narrative on any impairment rating assigned

There are a number of things involved in dispute resolution, such as benefit review conferences, contested case hearings, a possible appeals panel, judicial review of division decisions and potentially arbitration.

How your dispute is handled is largely dependent on the facts of the case, the medical information provided and the interpretation of the information received. In dispute resolution cases, it is in your best interests to be represented by an attorney knowledgeable about workplace injuries and the workers’ compensation rules and regulations.

Furthermore, it is best if you do not attempt to represent yourself due to the fact that the system is extremely complex and if the wrong information is provided or not provided, the outcome of your appeal could be drastically affected. Make it a point to contact a workplace injury attorney who can help you work your way through the dispute resolution process.

Yes, with the exceptions of public employees in local and state government and those who are self-employed. However, in states with OSHA-approved state plans, public workers in local and state government are covered. Federal workers are covered under OSHA’s federal programs, except for employees of the U.S. Postal Service, who are covered as private sector workers.

Rates of compensation vary by the type of insurance your employer purchased. An attorney will need that information from you/your employer before answering this question.

For regular civil claims, there is no formal reporting requirement. However, if your on-the-job injury is not reported in a timely manner, it makes pursuing the claim much more difficult. As a result, you should make sure that your supervisor is notified of the injury as soon as possible.

Maybe. The answer may depend your state of residence, and it will always depend on the circumstances of the injury and the facts of your case. In some states, your employer may be mandated to reinstate you if your doctor releases you from treatment within a year and a half of the date you sustained your injury.

Consult with an injury lawyer who works with injured workers to find out how you may be affected.

In short, yes, you can file both a personal injury claim and a workers’ compensation claim. However, your ability to do that will depend on the facts of your accident. To assess your options, seek experienced legal counsel at Schuelke Law.

Generally, if your employer carries workers’ compensation insurance, any claims you may have against that entity must go through the workers’ compensation system. However, in some instances, you may file a claim against a third party who contributed to your injuries. An example would be if you were hurt in the workplace by a careless subcontractor.

In a situation where the company you work for does not have workers’ compensation, you can sue them if the employer’s actions contributed to your accident. The employer’s conduct could be direct, such as not offering workers safety gear, or it could be indirect, such as not adequately training workers.

Workplace injury claims are tricky. There are often many exceptions to every rule. Injured workers should obtain an experienced workplace injury attorney at Schuelke Law. Our team will explain your legal rights and options and guide you through the process of filing a claim.

In most cases, no, workers’ compensation benefits are not taxed by the state or the federal government. There are exceptions to this rule and those are when the compensation is received in place of Social Security Disability Insurance or Railroad Retirement benefits. You should consult a tax professional for your specific issues.