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What is Workers' Compensation?

Workers' Compensation is a benefit program created by state law that provides medical, rehabilitation, income, death and other benefits to employees and dependents due to injury, illness and death resulting from a compensable work-related claim covered by the law.

When am I covered?

Workers' Compensation coverage begins the first day of employment. Employers with three or more employees are required by law to provide coverage.

What is considered an on-the-job injury, illness and death claim?

Any injury, illness or death arising out of and in the course of employment is by definition a compensable work-related claim. This means if employees are injured while performing assigned job duties during assigned work hours, they are covered under the workers' compensation program. Injuries sustained while engaging in unassigned duties, during lunch and breaks, are not covered. In addition, injuries that occur during an employee's normal commute to and from work are not covered.

Can I receive from my employer, money damages in addition to workers' compensation benefits if I am injured on-the-job?

No. Workers' compensation is the "exclusive remedy" a worker has against his/her employer for damages resulting from an on-the-job injury.

What income benefits are available under the Workers' Compensation Program?

The Workers' Compensation Statute provides four basic income benefits. The maximum amount of weekly workers' compensation benefits an employee can receive from an on-the-job injury, illness or death depends on the workers' compensation rate at the time of the injury and the employee's average weekly wage. Benefits cannot be combined. Only one type of benefit is payable at a time.

• Temporary Total Disability (TTD) Benefits - This benefit is payable to an employee who is injured on-the-job and unable to work as determined by the authorized treating physician. The amount is two-thirds of the employee's average weekly wage at the time of the injury, not to exceed the maximum allowed under las. For non-catastrophic injuries, there is a limit of 400 weeks of benefits from the date of injury if the injury occurred on or after July 1, 1992. For catastrophic injuries, benefits are unlimited.
• Temporary Partial Disability (TPD) Benefits - This benefit is payable to an employee when he/she returns to work in a job paying less as a result of an on-the-job accident. These benefits are payable for up to 350 weeks from the date of injury. This lost wage amount is two-thirds of the difference between the employee's average weekly wage before and after the injury. The maximum amount payable cannot exceed the maximum amount allowed under law.
• Permanent Partial Disability (PPD) Benefits - This benefit is payable to the employee for a permanent disability resulting from an on-the-job injury. It is payable based upon a percentage given by your authorized treating physician in accordance with current AMA Guidelines. The percentage is calculated by a formula that contains number of weeks assigned by the State Board x the percentage rating x the TTD rate. Not all injuries result in ratings assigned by a
physician.
• Death Benefits - This benefit is payable to eligible dependents (i.e. dependent spouse, minor children) of an employee whose on-the-job injuries result in death. This benefit is payable at the rate of two-thirds of the deceased employee's average weekly wage at the time of the accident not to exceed the maximum allowed under the law for all eligible dependents. Funeral expenses are payable up to the maximum allowed under the law at the time of injury.

Are there any expenses that I incur that will be reimbursed to me?

The Workers' Compensation Statute provides for reimbursement of certain reasonable personal expenses incurred to obtain medical treatment. This includes such things as mileage, meals, lodging and other expenses, in limited instances that are deemed necessary and appropriate in order to ensure you receive quality medical care.

Be sure to use the Mileage and Parking Reimbursement form to record your expenses. You must also keep your receipts for all expenses incurred, such as parking.

Why do I need to consult with an attorney?

All insurance companies representing the person(s) at fault for your injuries will have at their disposal a team of adjusters, investigators and attorneys working to limit your damages and just compensation. The insurance companys goal is to pay you the least possible to settle your claim. They are trained professionals who have years of experience and training in denying and minimizing injured parties claims. You need the assistance and guidance of an experienced and professional attorney to protect your interests and help ensure that you, the injured party, receive full and fair compensation for your injuries.

When should an attorney be hired?

As a person who might have a potential claim, you should retain an attorney as soon as possible after you have been injured. It is important to know now that after being seriously injured in an accident, or at the hands of a medical professional, you are immediately placed at a legal disadvantage. While you are in the process of dealing with your injuries, the party at fault has notified her or his insurance company and put them on notice. The insurance companys adjuster being experienced begins to immediately investigate and process your potential claim.

It is important that you do not talk to anyone hired by the insurance company prior to consulting an attorney. This will ensure that your legal rights are protected.

Is the hiring of a personal injury attorney expensive?

Although we are not sure about other law firms retainer arrangements, J. Franklin Burns, P.C. fee arrangement includes no charge for personal consultation, we do not charge retainer fees, in fact, we will advance all costs to pursue your claim.

What damages am I entitled to recover?

When asked this question we respond by informing the client that there are several factors or types of damages which one can recover in a personal injury claim. At J. Franklin Burns, P.C. we are responsible for reviewing each factor, consider your specific claim, and obtain the appropriate just and fair compensation from the insurance company.

The basic types of damages are as follows:

1. Loss of income
2. Loss of future earning capacity
3. Recovery of medical expenses you incurred for treatment of your injuries and the possibility of future medical expenses
4. Pain and suffering
5. Past and future loss of enjoyment

There may be other damages you are entitled to as a result of your injuries. We at J. Franklin Burns, P.C. would provide the client a detailed review of their individual damages upon consultation.

When do I need to make a claim for personal injuries?

It depends on the type of accident you have been involved in, the time you have for filing a claim will vary (Statute of Limitations).

Contact a qualified personal injury attorney to discuss or you can contact J. Franklin Burns, P.C. to determine what type of action should be taken to preserve your legal rights.

Does is matter that I wait to make a claim for personal injuries?

Yes. If you wait too long and fail to properly file a lawsuit within the time allowed by law, you will not be able to recover damages for your injuries and be forever barred from recovering.

If I do file a claim will it settle quickly?

That depends. However, there is no definite period of time that determines when a case should be settled because every case has its own unique facts and legal circumstances. We at J. Franklin Burns, P.C. take great pride in our work ethic to avoid unnecessary delays because we understand the hardship an injury can bring. While we are fully aware of our clients desire to have their claims resolved as quickly as possible, if our opponents will not come to terms and settle your case on a basis that you find acceptable, we pledge that we will take your case to trial and seek the collective determination of a jury.

Give me good reasons why I should hire J. Franklin Burns, P.C.

1. We will stand by our clients
2. We have protected the legal rights of our clients for over 30 years and ensured positive results
3. We welcome our clients participation in their cases and ensure that they fully understand every aspect of their claim so that they are able to render important decisions that can affect their case
4. Our attorneys are experienced trial lawyers willing and ready to represent and advocate your rights no matter the circumstances of your case
5. We are at your service 24 hours a day
6. We only represent clients who have been injured. We do not represent insurance companies nor have them as clients