Workers Compensation Cases Explained
Success in workers compensation cases depends on the proven experience and integrity of a firm like Abrams Landau. We’d be happy to give you our initial thoughts on if you have a case. You can also review some of the fundamentals of Workers Compensation Law:
Workers Compensation cases usually involve a sudden accidental injury that causes disability from your job. There are certain limited occupational diseases that may also be the bases for a “comp” claim (i.e., black lung from coal mining, silicosis, asbestosis, mesothelioma, etc.).
Five key points:
- Wage loss benefits may be limited to a percentage of your pre-injury earnings
- Limits on what doctors you can see for treatment
- The system was designed to be a quick medical bill and partial wage replacement system only. Nothing more, nothing less
- Being hurt on the job does not guarantee a person employment for life
- After an accident, an employer generally does not have to offer an injured worker his/her old job or even a light duty job
- Negligence claims with serious, permanent, long term injuries can develop into Social Security Disability Income claims.
- Negligence claims that arise “in the course and scope of” a client’s employment can also be Workers Compensation claims.
- Personal Injury / Negligence claims that are Workers Compensation claims with chronic injuries can become Social Security Disability Income claims.
|Workers Compensation||Personal Injury||Social Security Disability|
|Past Medical benefits||Past AND Future Medical Benefits||Only future medical benefits|
|66% of past weekly wage and no benefits||100% average weekly wage and benefits (all sources)||80% of earnings (all reported sources)|
|Mileage, Prescriptions, etc.||Mileage, Prescriptions, etc.||Prescription card|
|None||Pain, suffering, emotional distress||Medical coverage for all ailments and family coverage|
More Differences between Workers Compensation and Social Security Disability:
- Social Security wage loss benefits based upon past earnings from ALL sources, and medical benefits cover ALL maladies.
- Workers Compensation Act was designed to be a “no-fault” medical bill payment and partial wage replacement system only.
- As with many STD and LTD plans, Workers Comp requires disability from “own occupation” (and covers only medical care resulting from the work related injuries) and SSDI requires total disability from “any occupation” (and covers all ailments).