Washington DC Workers Compensation Lawyer
Even the safest workplaces can have accidents, and being injured can seriously impact a worker’s ability to earn a living as they focus on recovering without causing additional damage. Fortunately, there is an insurance policy known as “worker’s compensation” required of most businesses and guarantees compensation in the event of a workplace or work-related injury — regardless of who is at fault for the accident. Unlike tort claims, which are premised on the fact that someone acted in a negligent or reckless manner that caused an accident, workers’ compensation claims are filed to compensate an injured worker even if they caused their injuries.
In addition to the fact that workers’ compensation will pay regardless of fault, this policy also protects an employer in that it protects them from liability after an accident, meaning that an employee covered by an employer’s workers’ comp policy is typically unable to file a lawsuit against their employer for personal injury damages. Since these claims do not require proving a failed duty of care before moving forward with a claim, the process is typically far less contentious than a tort case, but this does not mean that injured workers will not benefit from the support of an experienced attorney.
Contact Balkin & Mausner For a Free Consultation With a Washington DC Workers’ Comp Attorney
After a workplace accident that prevents you from returning to work, there is a lot expected of an injured worker, such as countless medical appointments, paperwork about the accident, legal steps, and more. Trying to take on this additional responsibility while also focusing on recovering can be extremely difficult, and making sure that you do not miss any crucial details in your workers’ compensation claim can be overwhelming. No matter how helpful and supportive the adjuster might be who is assigned to your case; they have a number of other cases they are tasked with handling at the same time, meaning they are unable to give you the attention necessary to ensure that your claim pays awards for every loss you are eligible for repayment for.
Working with an experienced attorney will give you the time and space you need to prioritize your recovery and get back on track after your accident. Whether you are working to recover to get back to work or if your injuries will keep you from ever returning to work, it is important that you address all impacts of your injury that entitle you to compensation.
Frequently Asked Questions About Workers’ Compensation Claims in Washington DC
The following are a few of the many questions the team at Balkin & Mausner commonly answer during initial consultations and throughout our work with clients. The answers provided below are meant to give you a general idea of how a workers’ compensation lawyer may answer your question as it relates to your unique situation but is not meant to be taken as legal advice. Contact us as soon as possible to go through your case details and get a clear understanding of your legal path forward today.
How much am I entitled to for my workers’ compensation claim?
There is no simple way to calculate how much an injured worker is owed after a workers’ compensation claim, but the primary impacts that victims are awarded for include their loss of income — both short-term and long-term — as well as the cost of their medical expenses.
Unlike a personal injury claim, workers’ compensation does not allow a victim to seek non-economic damages such as pain and suffering. As such is a much more straightforward calculation process; however, this does not mean that there is no possibility for costs and losses to be missed. The best way to get a sense of what you are entitled to as an award for your workers’ compensation claim is to connect with an attorney who can go through the many relevant details to identify each impact you have experienced.
If you suffer injuries that leave you permanently disabled, the process of calculating your long-term disability payments will account for a range of additional factors that, again, will be best explored with the help of an experienced lawyer in Washington DC.
If I was injured in a car accident that someone else caused while I was driving a company vehicle, do I need to file a workers’ comp claim, or can I seek personal injury damages?
The answer to this question may depend on several factors that ultimately determine how much money you are entitled to through both claims. Ultimately, this will ensure that you receive the compensation you deserve for the range of damages you are entitled to. If someone else causes your accident, you would typically want to file a claim through their insurance to recover both economic and non-economic damages if you have suffered from both. The process of getting a settlement for a personal injury claim after a car accident can be long and complicated, but working with a lawyer will help you get the money you deserve without taking on the emotional stress on your own.
Contact Balkin & Mausner as soon as possible to discuss the specifics of your accident. There are many different variables to consider before determining which type of claim to move forward to and what your options are for either. Both legal processes can be confusing and complicated for someone unfamiliar with personal injury law or workers’ compensation in Washington DC, meaning that you will benefit from discussing your case during a free consultation and will then benefit from working with an attorney throughout the claims process.
If I caused an accident at work and was hurt, am I able to file a workers’ compensation claim?
Fortunately, workers’ compensation is a “no-fault” type of insurance policy, meaning who caused an accident and how it was caused does not factor into a claimant’s right to file or receive payment for their losses. There are specific situations, such as injuries stemming from an assault or intoxication on the job, that may bar a worker from compensation, but these are highly specific and are best discussed with an experienced attorney who can help you make sense of your situation and explain how best to move forward.