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Washington DC Personal injury law firm

Workers’ Compensation FAQ

Posted on November 17, 2016 to

Maryland, Virginia and Washington, D.C. Workers’ Compensation Lawyers Answer Common Questions

construction worker bandaging an injuryWhen you are injured while working, you may have more to worry about than physical pain. You may have unpaid medical bills, lost wages because of your injury, disability and other out-of-pocket expenses. It is possible your injuries will keep you from earning income to support yourself or your loved ones. Workers’ compensation is a type of benefit that assists employees who have been injured or made ill as a direct result of their employment.

At Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P., located in Washington, D.C., Maryland and Virginia, five of our injury attorneys are listed in Best Lawyers in America© and five attorneys at our firm have also been selected for the Super Lawyers list in Washington, D.C.. Your choice in legal representation following a workplace injury can have a significant effect on your case, so do not take the risk. Call our workers’ compensation law firm today to assist you in every step of the benefits claim process.

What to Know About Workers’ Compensation

We understand sustaining a workplace injury can be a stressful time, and the process to get your benefits may seem confusing. Our attorneys have taken the time to answer some frequently asked questions below, but we encourage you to call for a free consultation as each circumstance is unique:

How do I know when to file for workers’ compensation?

If you are injured while working, you should let your employer know immediately, request medical treatment and file a claim for workers’ compensation. If it is determined that your workplace injury rose out of or in the course of your employment, you may be able to receive workers’ compensation for lost wages, permanent or temporary disability, compensation for medical bills and medical treatment.

When may I be entitled to workers’ compensation benefits?

If you are injured on the job or sustain an occupational disease (carpal tunnel syndrome and asbestos-related injuries, for example), you may be entitled to workers’ compensation benefits. Contact our work injury lawyers in Washington, D.C., Maryland and Virginia to assist you in the workers’ comp process.

What do workers’ compensation benefits typically include?

  • Wage loss benefits where an employee cannot work because of job-related injuries
  • Medical treatment
  • Vocational rehabilitation where an employee cannot return to his or her former occupation
  • Benefits for dependents (for example, spouse and non-adult children) of a worker killed on the job
  • Disability compensation

If I work or live in the Washington metropolitan area, where do I file for workers’ compensation?

The Washington metropolitan area is made up of three jurisdictions: Washington, D.C., Maryland and Virginia. Determining which jurisdiction to file your claim depends on a variety of factors, including where the injury occurred and where the employer is located.

Since workers’ compensation laws are different in each of these jurisdictions, where the claim is filed is very important. It is best to receive workers’ compensation help from an experienced Washington, D.C., Maryland or Virginia workers’ compensation attorney before initially filing to avoid a denial or reduced benefits.

What are the benefits of workers’ compensation?

Workers’ compensation is designed to provide injured workers monetary benefits and medical treatment for job-related injuries in lieu of the injured worker filing a lawsuit against the employer.

Some of the benefits of workers’ compensation include that the process:

  • Tends to be quicker than traditional litigation;
  • Does not require the employee to prove that anyone was at fault for the injury; and
  • Is designed to provide the injured worker benefits during the course of treatment for the injury.

Are there any disadvantages to filing for workers’ compensation?

Workers’ compensation benefits are limited. An injured worker cannot receive pain and suffering damages or punitive damages from his employer as a result of the on-the-job injury, unlike filing a claim against a third party. A qualified Virginia workers’ compensation lawyer and from our location in Maryland or Washington, D.C. can help assess the different options that may be available.

It is not uncommon for initial workers’ comp claims to be denied. Most companies and their insurance carriers would prefer not to spend money on workers’ comp claims. Whether the cause for denial is insufficient evidence, no witness to the injury, an improper filing procedure or discrepancies between the injury report and the claim, a work injury attorney can help you determine the denial cause and appeal a denied workers’ comp claim to help you move forward.

What are the different types of workers’ compensation benefits?

    • Temporary total disability
    • Temporary partial disability
    • Permanent total disability
    • Permanent partial disability
    • Disfigurement/mutilation

Learn more about the different types of workers’ compensation benefits.

Who can you sue for a work-related injury?

Under Washington, D.C., Maryland and Virginia workers’ compensation laws, in most circumstances an injured employee cannot sue his employer for on-the-job injuries or occupational diseases.

Where the negligence of someone other than the employer causes worker injuries, however, the injured employee may be entitled to sue the non-employer for damages. A non-employer can be a third party, such as a manufacturer of equipment or outside contracted employees. An experienced Maryland, Virginia or Washington, D.C. work injury lawyer can provide workers’ compensation help to determine the appropriate claim to file and help those hurt on the job recover compensation as quickly as possible.

Contact Our Workers’ Compensation Attorneys in Washington, D.C., Maryland or Fairfax VA for a Free Claim Assessment

If you or your loved one suffered an injury while working or an occupational disease, call our workers’ comp lawyers to fight for the benefits and compensation to which you are entitled. If your workers’ comp claim has been denied, our workers’ compensation attorneys in DC, Greenbelt MD and Fairfax are available for a free case evaluation to help determine why your claim for benefits received a denial and if you may successfully gain benefits by appealing this decision.

We understand each circumstance is different, and no two workers’ comp cases are the same. Do not wait. Contact a qualified Washington, D.C., Maryland or Virginia workmans’ comp lawyer at Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P. today for a free initial consultation.