When you need to recover workers’ compensation benefits, it helps to have a firm understanding of the process, what to expect in the process, and how to move forward. Asking questions can be one of the most important things you do. Thankfully, with the right team on your side, you can get the answers you need to give you peace of mind.
At The Edwards Law Firm, we’re committed to giving you the answers you need. Because of this, we work hard whenever you need us. Below, we’ve answered some of the more common questions we receive, giving you confidence in choosing us to represent you in your pursuit of benefits when you need them most.
Here are 7 questions you should ask when pursuing workers’ comp benefits:
- What factors impact the amount of workers’ comp benefits?
- Can I sue an employer or co-worker for my injury?
- What happens if my claim is denied?
- When is the right time to settle?
- How long until I receive benefits?
- How much can I receive?
- Can I deal with workers’ comp insurance alone?
Call our firm today at (361) 541-6333 to discuss your claim.
1. What Factors Impact the Amount of Workers’ Comp Benefits?
How much you can recover is dependent on numerous factors. While it’s usually a set amount you receive each week based on your current income base, the length that you may recover may change depending on if you recover temporary or permanent benefits, as well as total or partial benefits.
Medical bills and other losses may also impact how much you recover.
2. Can I Sue an Employer or Co-Worker for My Injury?
In most situations, workers’ compensation claims are brought forth in lieu of a personal injury claim, meaning you won’t sue your employer after a workplace. The only time this may come into play is if your employer does not provide workers’ comp insurance and you can prove negligence. You can sue a third-party for your injuries, however, such as in a situation where you suffer an injury due to a product or machine defect.
3. What Happens if My Claim is Denied?
Most people think a claim denial is the end of the road for compensation. However, you may appeal a claim denial and seek the benefits you deserve with the right legal help. An appeal allows you to bring forth your evidence, ensure correct paperwork, and more to strengthen your case.
4. When is the Right Time to Settle?
You may settle for a lump sum payment in some situations, but it’s always best to speak with your legal counsel first. Settlements can have some disadvantages, such as forfeiting the chance to recover following complications with your injuries.
5. How Long Until I Receive Benefits?
Every case is different, but you should receive your benefits within the first two weeks after reporting your injury. You recover the benefits until you are cleared to return to work by a doctor.
6. How Much Can I Receive?
The amount you receive is dependent on the severity of your injury, your needs following the injury, and if you’re the family member of someone who has passed away due to a workplace injury. Typically, your weekly payments are a percentage of your normal pay, as well as compensation for medical care, miles traveled, and more.
7. Can I Deal with Workers’ Comp Insurance Alone?
While you can sometimes deal with filing for workers’ comp on your own, plenty of obstacles can arise. It’s important to have strong legal counsel on your side to protect you from the challenging aspects, denials, and other issues you may encounter.
At The Edwards Law Firm, our Corpus Christi workers’ compensation attorneys prioritize your rights. We go above and beyond to protect you through the most complex proceedings so you can feel peace of mind every step of the way.