Worker's compensation provides medical care, lost wages, and rehabilitation benefits to workers injured on the job. When injuries result in death, the worker's family may receive benefits. Seriously injured workers may need an attorney to ensure they receive full benefits and prevent early termination of benefits. Certain classes of workers have additional protections under special federal statutes for injuries sustained during their employment. An injured worker should consult a lawyer if denied benefits, told to return to work before fully recovered, or denied extended disability benefits despite significant injury.

1. Worker's Compensation, sometimes referred to as
"Workman's Compensation" or "Worker's
Comp", is the name given to a system of laws
meant to protect injured workers. The goal is to
make sure that somebody who is injured at work
receives appropriate medical care, lost wages
relating to the on-the-job injury, and, if
necessary, retraining and rehabilitation, so as to
be able to return to the workforce. When workers
are killed on the job, members of the workers'
families are ordinarily eligible for benefits.
Frequently, injured workers will benefit from
consulting an attorney who can advise them in
protecting their Worker's Compensation benefits
and defending against the premature termination
of benefits.
By Aaron
Larson

2. Exclusions From Coverage
Depending upon the jurisdiction, employees may be restricted from
collecting benefits if their injuries or deaths result from willful
misconduct or from intoxication.
Special Federal Statutes
There are some special federal laws which provide additional
protection to certain classes of worker:
The Jones Act (The Merchant Marine Act) provides seamen with the
ability to seek benefits known as "maintenance and cure" when they
are injured as a result of their employer's negligence while working
on U.S.-flagged vessels.
The Federal Employment Liability Act (FELA) makes railroads
engaged in interstate commerce liable to employees, where the
employees' injuries result from the railroad's negligence.
The Long shore and Harbor Worker's Compensation Act (LHWCA)
provides Worker's Compensation benefits to certain classes of
employees of private maritime employers.
The Black Lung Benefits Act provides compensation to miners
suffering from "black lung" disease (pneumoconiosis).

3. Worker's Compensation Litigation
While most injured workers recover quickly, and beyond making the
initial injury report to qualify for benefits have no real awareness of the
Worker's Compensation system, those more seriously injured may have
difficulty with their employer or with the compensation system. Those
workers may benefit from consulting with lawyers. Worker's
Compensation litigation is generally considered to be simpler than
traditional injury litigation, as it takes place in an administrative setting
and may involve relaxed evidentiary rules. Attorney fees are ordinarily
limited by statute.
Workers typically need to hire a workers comp lawyer when they are
refused benefits to which they are entitled, are told that they can return
to work before they are actually medically able, or are denied extended
or permanent disability despite significant disabling injury. If your
employer sends you to a doctor who declares that you are able to return
to work even though you don't believe you are yet able, or tries to get you
to return to work to a special job created to accommodate your
injury, you should consider speaking to a comp lawyer right away.

4. The reason is this: while a typical injured employee does not
know the law, a typical employer is very much aware of how
the compensation system works, and how to terminate an
employee's benefits. An injured worker who returns to work in
a specially created position may well find that, two weeks
later, the position is eliminated and he is laid off - but is no
longer eligible for workers comp. Similarly, many employers
utilize doctors who are much more interested in maintaining a
good continuing relationship with the employer than with
accurately diagnosing the employee - too many declarations
of continuing disability will likely cause the employer to send
injured employees to a different doctor. A lawyer can help you
protect your rights when one of these "hired gun" doctors
tries to block you from getting necessary treatment, cut off
your benefits or send you back to work too early.

5. It is beneficial to go to a lawyer who handles a lot of Worker's
Compensation cases. Typically, those lawyers will know the
administrative judges or hearing officers who preside over comp
hearings, and may also know the doctors and defense lawyers who
are trying to block your claim. Using an attorney who knows the ins
and outs of the system can help ensure that you collect the
benefits that are due or, if you are so inclined, get a maximum pay-
off to settle your compensation claim.

6. When Can You Sue?
Ordinarily an employee who qualifies for Worker's
Compensation benefits may not file a personal injury suit
against the employer. There are two narrow exceptions where
Worker's Compensation preemption might not apply, and an
employer might be subject to lawsuit:
When an employer intentionally causes injury to an employee.
When an employer is required to carry Worker's Compensation
coverage but fails to do so.
This exception for intentional acts is very narrow. It is not
ordinarily enough that an employer creates conditions where
there is a very high probability that an employee will be injured.
Ordinarily the employer must have committed a specific act
intended to cause injury to the employee.
http://www.expertlaw.com/library/work
ers_comp/workers_comp.html

7. Some of our clients have suffered these kinds of injuries due
to a serious accident. The Garcia Law Firm, P.C. was able to
successfully handle these types of cases. For a free
consultation please call us at 1-866- SCAFFOLD or 212-725-
1313.
POSTED BY ATTORNEY RENE G. GARCIA