Spinal Cord Injury

Spinal Cord Injury And Workers Compensation

It is impossible to make generalizations on worker’s compensation payouts resulting from spinal cord injury. The amount of the final settlement is dependent on various factors that include the injured employee’s pre-injury earnings, her current post-injury earnings, her post-injury potential earnings, and the circumstances that surround the initial injury.

Some worker’s compensation cases are straightforward, producing settlements that all parties accept. However, there are some that get held up in negotiations for many years. It is important for people who have suffered a spinal cord injury to know that their worker’s compensation settlements will not be their only post-injury income source. Those determined as permanently unable to work receive Social Security disability benefits that are offered for an indefinite period. Apart from the worker’s compensation claim, the injured can also receive substantial ongoing payouts from their former employer. When an injury involves misconduct or gross negligence on the employer’s part, it is highly likely that the payout will be much higher.

Other additional factors determine not only the size but also the payout structure of a worker’s compensation settlement. Immediately after the injury, the injured has to submit to some physical examinations that determine the extent of the initial injuries and also provide an initial framework for the employee’s recovery. The physician conducting the first examination makes an educated judgment to the individual’s recovery prospects.

A cracked vertebra or slipped disc may be treatable. However, a spinal cord injury or a combination of a number of vertebral injuries may lead to long-term medical conditions. Regardless of whether a person’s prospects for recovery are poor, fair or good, part of his worker’s compensation settlement must cover the costs of his initial medical care. When a person is judged not to be at fault, he will most probably have little trouble to secure these benefits.

Spinal Cord Injury Recovery

In the future, after the treatments have had adequate time to take effect, the injured will once again be re-assessed by a physician. This exam occurs at the “maximum physical recovery” point. In a lay man’s language, this is the time when no measurable improvement is expected to occur after the exam.

Those who will be found to have sustained permanent damage to their backs receive partial disability settlements that are equivalent to the damage done. Otherwise, those who are found to have sustained severe injuries and are unlikely ever to work again receive permanent disability settlements that cover a portion of their expected future earnings.

Spinal Cord Injury

Spinal Cord Injury

Worker’s Compensation Laws

Understanding Worker’s Compensation Laws

Worker’s compensation laws are rules designed for the payment of employees harmed when carrying out job-related duties. Through them, employees can recover disability payments, medical expenses, lost wages, and costs of rehabilitation and training. The laws are specific to, and administered by the state; the finances are however acquired from employers’ contributions.

Workers compensation laws were enacted by the various states as a replacement of traditional personal injury litigation. They remove risk from the employer and the employee. Outside this system, employees who have encountered catastrophic accidents at work can file lawsuits against their employers. This process may encounter delays, and there is also a possibility that the employee may lose the case and recover nothing.

When viewed from an employer’s perspective, this system rules out the possibility of litigation where a significant damage may be awarded. Even if companies act negligently and employees suffer injury or death, the employers will only be only responsible for their ordinary contributions. However, rates may increase after such incidents. In essence, the workers’ compensation laws is somewhat an insurance program set up and made mandatory by the government.

The certainty that the worker’s compensation system provides comes at a price to both employers and their employees. Employees cannot sue their co-workers or company for negligence. In addition to this, they stand to recover less compensation that they would have gotten in a law suit. As for the employers, their primary drawback is on the premiums that the state charges. It is an added payroll expense that they must pay regardless of whether or not workplace accidents ever occur.

What You Should Know About Worker’s Compensation Laws

All states offer certain exceptions to the worker’s compensation laws, allowing workers to bypass the system’s statutes and file lawsuits. They include situations where a co-worker or the employer intentionally causes harm to the employee. Exceptions also exist for employees exposed to toxic substances or injured by a defective product. Furthermore, workers are free to file for damages against third parties like subcontractors, landowners, or drivers.

Upon filing a compensation claim, it is not uncommon to find a company disputing its validity. Employees are motivated to challenge claims as they affect the rates they pay into the system. When a dispute arises, the state worker’s compensation board investigates the claim and renders a decision.

It is advisable for an employee to seek legal counsel when faced with issues of worker’s compensation. Attorneys who have specialized in this area have experience in dealing with companies that do not have their employee’s best interest at heart. Such lawyers are accustomed to emotionally-charged proceedings, they can present the case in such a manner that will maximize the benefits the worker receives.

Worker’s Compensation Laws

Worker’s Compensation Laws