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Workers’ compensation is a no-fault system that provides people who are hurt on the job with benefits to cover some of their expenses.
In general, workers’ compensation covers:
Workers’ compensation covers both industrial accidents, which happen at a specific place and time (such as a broken leg); and occupational diseases, which happen over a period of time (such as toxic exposure or repetitive strain injuries).
A claimants’ workers’ compensation lawyer represents injured workers in workers’ compensation claims. Typically, a workers’ compensation attorney may be involved in:
Some injured workers may also be able to file a third-party personal injury claim if their injuries were caused by someone other than their employer. Not all workers’ compensation attorneys handle third-party claims themselves, as that is a separate area of practice, but an experienced workers’ compensation lawyer should at least be able to recognize a potential third-party claim and refer the client to a personal injury attorney.
Workers’ compensation attorneys typically work on a contingency fee basis, which means the attorney’s fee is a percentage of the eventual recovery. There are no out-of-pocket expenses for the client.
Workers’ compensation is highly state-specific and deals with nuanced applications of administrative law. It’s important to know that your attorney has experience handling workers’ compensation claims in your jurisdiction. Some states provide special certification to attorneys who meet certain criteria in the practice of workers’ compensation law.
Most workers’ compensation lawyers offer a free consultation, so you can discuss your work injury with an attorney and understand your legal options at no cost and no obligation. If you sustained a significant injury at work, it’s likely worth your while to at least speak with a workers’ compensation attorney in your area.
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