Workers Comp Settlement: How much is my case worth?
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- čas přidán 3. 10. 2017
- In this video, personal injury lawyer John Kelly explains how you can determine the value of your workers compensation case.
Kelly Law Team
1 E Washington St.
Suite 500
Phoenix, AZ 85004
602-283-4122
www.jkphoenixpersonalinjuryat...
Transcript:
Hello, this is John Kelly from the Kelly Law Team. I wanna just talk to you about how much you may get from your Workers Compensation claim. This video is about anyone that's injured, how much they may be receiving if they have an injury on the job. In Arizona, just like most states, they're gonna have statutes that apply that will tell you how much you get if you're injured on the job. There's very strict rules, kind of, that we'll go through, but I wanna make sure I give you some pointers to kinda help you along the path here. First of all, if you're injured on the job, it's a no fault system, which means, it doesn't matter if it was your fault that you got injured or someone else's, you're gonna have the compensation that's given through the statute, so that's the good news. If you've been injured on the job, you're gonna be able to make a claim. Understand that even if you are injured on the job, you're gonna be able to make your claim. This is your sole remedy, which means you are the beneficiary of Workers Comp, but you may not be able to make other types of claims, meaning, you know, suing your employer in other regard or someone else that was on the job that may have injured you. There are some ways that, that could happen, if a third party outside of your work had injured you, you might have a personal injury claim at that point, but if you're on the job, working your job and you get injured by yourself or someone else that you're working with, you're typically, gonna have a Workers Comp claim. Some tips for starting your claim because you wanna make sure you get off on the right path, so that you're not making any mistakes that'll hurt you down the line. First, you wanna report your injury right away to your employer and it's a good idea to do that in writing. That will give you a record that you let your employer know right away that are injured. If they fail to take action at that point, you have a record to show that you had made them aware of the injury and they were then on the clock for taking action to help you. Your second thing that you wanna do and you don't wanna necessarily rely on your employer for this, is report this to your states Industrial Commission. And every state will have an Industrial Commission, you can find it online, just, if you're in Arizona, it would be Arizona State Industrial Commission. You could Google if you're in Tennessee, Tennessee Industrial Commission. There'll be forms on there to open a Workers Comp claim, so that should help you out in getting the process started. In Arizona, the website is azica.gov and right on there, they have a form and every state will be the same. Your third tip is to go see your doctor, don't wait for your employer to send you to a doctor. You know that you're gonna have doctors that will be provided, that won't be out of pocket expenses for you, but if you don't get to your initial diagnosis and your employer is not taking action and not filling out the right paperwork, not getting you to a Workers Comp associated doctor, there can be problems if you have a gap in treatment or if you don't get diagnosed right away and it can really hurt your claim long term, especially if you have some sort of disability that was related to the accident. You wanna get in to a doctor and get a diagnosis right away. So, let your employer know, go to the website, get to a doctor. Regarding the compensation that you'll get, what benefits will you receive, that's gonna be all under the statutes. So, how much is your claim worth? You will get one medical benefits fully subsidized, two, you could get disability benefits, temporary disability benefits and three, you could get permanent disability benefits. With medical benefits, that is, if you can get back to work, you're not disabled, you will have compensation for your doctors appointments, whatever it costs to get there, any diagnosis, any treatment until you reach your maximum medical improvement and that's kinda something that your doctors will have to determine. You can after that sometimes get some extra supportive care, but these things are in place for you to get to doctors, to get better until your maximum medical improvement. Secondly, you can get temporary disability benefits if you're not able to get back to work and you get wage replacement based on your income. So you're gonna have to be able to show how much you make. Generally, for instance, in Arizona you get 66 and two-thirds percent of your average monthly wage as your benefit for temporary disability and there's some caps in there, in Arizona it's 4500 per month, and this in non-taxable income.
Excellent!
what if you have a lower back lumbar injury at work from a fall and the employer denies medical treatment until next day and the quack WC doctor does no tests, xrays, mri, and refused to when asked, then makes a half brained guess at what it might be and perscribes muscle relaxers and does nothing to resolve the injury but releases you to full duty but you are literally unable to work at all and you can potentially be terminated after your earned paid time off is used up?
Im a mailman an fell off a porch an was told to go to well at work that only did a x ray of one foot.. diagnosed me w a bad sprang..an sent back to work on restrictions..still hurt afterwards an kep getting worse..had to go back to a new Dr an found out I have a broken foot an 2 major tendons in the other foot that are torn bc they refused to give me an MRI an w them sending me back to work it only made the situation worse..an doubt it will ever fully heal now an I'm a mailman..need some freaking help here man..pretty much ruined my career
What if many people affected like mass torts, toxic torts if they work in industries??? My question is whether they can get their daily wages for the days due to infections..
I was injured on the job and I'm in treatment physical therapy I have to get more tests done. I did report it but I was also told by the Union as well as other people if I tell my supervisors I was injured so make my life a living hell I had to go to workman's comp lawyer because it was costing me too much money to go to my personal doctor I don't know the extent of the injury but I'm still in pain. Doesn't matter at all if you're told that that don't make your life a living hell if you tell them you got hurt at work I don't have a second job it definitely was work
I had a transportation surgery of my ulner nerve an was rated at 4% loss. I have a long scar the rest of my life. Can i collect in my settlement for that ? Im in ohio so im hoping my attorney asks for compensation for my scar as well as my injury in my settlement
I tore my distal bicep tendon laying a windshield down at work. Full rupture detached from the bone on my dominant arm. Long story short they went against my doctors notes when I returned from surgery and I have documented proof of it. My current workers comp lawyer doesn’t seem to be pursuing that I was discriminated against for injury . Do I have a case here other than a workers comp settlement? I also was wrongfully terminated on May 12th, and on May 19th my supervisor who was ignoring my doctors notes seemed to backtrack and say that he and our HR lady teamed up with the LOA lady from corporate and that I had to provide doctors notes for why I walked away from the job aka took a leave of absence. What they’re not understanding is that I had to walk away to protect my arm from being reinjured. He purposely had my lifting windshields when I had strict orders not to lift any whatsoever or anything 20lbs or heavier, overhead or at all period. When I went to the HR lady she said that she has to respect my time away from work and won’t discuss it until I provide doctors notes for my leave. I feel so stuck and I know I have some sort of case here but don’t know what to do or a good lawyer to talk to in Jersey. Can anyone help? I know this is a long shot but i figured why not
Can a person get support from workers comp after the max. For example, a person who had to leave a job because of the injuries. Can the workers comp send a check until he or she gets a job?
I have a question that I've always wondered about. If someone take a work comp settlement, can they later use their own health insurance for treatment?
Say a guy herniates a disc on the job and settles for 50k. Can he later use his own private insurance to pay for back surgery while pocketing WC money?
That’s what I have a herniated disc that’s pinching a nerve
Hello got diagnosed with nerve damage neck, cubital tunnel syndrome, and got hit in forearm area. Can I get for body parts
I lost index finger at work, they didn’t have SOP nor did they have LOTO. My employer paid for the hospital bills but I didn’t get any resettlement for my finger and when I spoke with lawyer they told me that I can’t sue my employer for that but if there’s a third part who made the valve that cut my finger I can sue the third part which makes no sense to me. If you don’t have any type of my machine that doesn’t have SOP or loto procedure for it then you should be responsible for it or am I wrong?
This could be true depending on the state you live in. Some states only allow lawsuits against employers that have workers comp coverage in very rare circumstances. Unfortunately, this can leave employees with limited recoveries that fall under the state's workers compensation laws. Keep in mind that you can still get a settlement based on your injuries through workers compensation. I would strongly suggest consulting with a qualified workers compensation attorney in your state along with a personal injury attorney to see if there is the possibility of a 3rd party claim as you suggested.
@@KellyLawTeamPhoenix thank you so much.
What happens if you had been hypnotized by the person before and After death by the same coworker that killed yourself for a few brief moments .... While on the clock of the employer. It happen to myself. And I didn't know until the symptoms wore off after a few years went by....my former doctor said too much time had passed. After 5 yrs passed. Now it's another 4 yrs after Seeing. A new doctor. I have problem's with daily life coping with things... Can I get a lawsuit? Please
Click Bait... You didn’t answer the question per your own title 😡
Why is there always a lawy firm named Kelly or Keller?
Slander- meeting with 2 managers&HR - stress -minor heart attack as result . Central care , ER , night in ICU . Will Worker's Comp my pay my medical bills ?
If you were clocked in and it was reported you should
I have a bulging disk, my attorney is talking about 7k, in payments intill its exhausted. I feel like I I being scammed
I broke my ankle at work. My boss was nervous. (I think he did jot have insurance when it happened)
Anyway I got $100 a week for 3 months and a $7,000 check
I feel like I was robbed
It happened a few years ago. Is there a way to get more money?
Statue may have run out speak to a Lawyer, I'm going through same thing now broke mine at work exactly a patient did.
There are times when you can reopen your workers compensation claim if it has been closed. A good workers comp attorney in your state will be able to advise you regarding the particulars. You may still be able to get a settlement.
Just get y’all lawyer an get more money yall
Can I collect unemployment insurance if I signed a resignation letter at the time of my workers comp settlement? Thank you.
I work In a medical waste plant where we deal with needles and blood daily, well the lights went out in certain parts of the plant. So I told my employer that I can’t work if I can’t see, I’m not going to stick my hands in a bucket full of needles and blood when I don’t have any light to see, so then he tell me well it’s part of the job go home. I was wondering how could I go threw osha to try and sue or is it even possible for me to sue? It’s not part of my job to work in the dark it’s going on a month now and he has yet to get the lights fixed, please help
He may have not answered the question…that’s alright…he’s cute!
Bru
Hey I have a question for you?
It’s all BS, but if you do, make sure “UTICA MOHAWK LANGUAGE “
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Only bla bla bla no answer
What a non informative video.