Pulse Nightclub First Responder’s PTSD Poses Question For Workers Compensation Laws

Posted by on Jun 20, 2017 in Workers compensation | Comments Off on Pulse Nightclub First Responder’s PTSD Poses Question For Workers Compensation Laws

A year ago this past June 12, 49 people were killed in a terrorist attack at Pulse Nightclub in Orlando, Florida. Gerry Realin, a police officer, was among the first responders who came to the nightclub. Now, Realin suffers from Post-Traumatic Stress Disorder and often gets lost in the painful memories of taking care of the dead in the aftermath of the event. Orlando City Commissioner Patty Sheehan reports that Realin is not alone in his trauma. At least one other officer having responded to the attack is suffering from PTSD. She says many officers saw things inside of the nightclub that soldiers in the military may never experience. “I’ve talked to some of the officers and they’re pretty traumatized by what they saw,” Sheehan said to KNAU. “It was horrible, the sights and the smells, and the thing that really haunts them is the cell phones that were in [the victims’] pockets ringing.” Experiences like the shooting at Pulse Nightclub may not be common with police officers, but the trauma that coincides with it certainly is. A study conducted in 2012 found that police officers are twice as likely to die by suicide, which may be a result of depression caused by Post-Traumatic Stress Disorder. The numbers of police officers suffering from PTSD, depression, and stress leads to the question of whether or not PTSD may be considered for workers compensation claims. The gray area of mental illness regarding workers compensation is what is causing the Realins to advocate for a bill in the state of Florida to give first responders with PTSD the benefits other workers comp beneficiaries receive. As of today, workers compensation claims in regards to mental health, especially PTSD, are difficult to argue for in the court of law. Insurance companies can be incredibly skeptical and mental illness can be difficult to prove when the condition is based off depression and anxiety. Because of the very real possibility of your personal life being dug into at every angle and scrutinized, it’s essential in this case to hire a workers compensation attorney. A workers compensation attorney will be able to assist you in understanding the compensation system of your state and what PTSD claims you are able to legally make. Additionally, a workers compensation attorney will assist you in filing your claim, appeals, and in gathering evidence toward proving your illness by speaking directly with doctors, therapists, and counselors. The strength of your case is what will determine the outcome of your benefits. Workers comp lawyers may be able to win you permanent benefits and disability. However, because PTSD and other mental disorders as a result of one’s employment may be difficult to prove, it’s also possible you may only receive partial or temporary benefits. Workers compensation laws, as proven by the Realins’ push for coverage for first responders, are capable of being altered by those they protect. State and federal workers’ compensation laws were able to compensate 125.8 million employees in 2011 alone. Therefore, regardless of the difficulty in proving mental illness in court, it is important that you push for your compensation benefits and rights should you suffer from illness resulting in work injury. Consult a workers compensation attorney today to see where your case stands and how you may benefit from workers...

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Arizona Worker’s Comp 101: What To Do When You’re Injured On the Job in AZ

Posted by on Jun 2, 2017 in Workers compensation | Comments Off on Arizona Worker’s Comp 101: What To Do When You’re Injured On the Job in AZ

When suffering an injury on the job, worker’s compensation will pay 100% of the medical costs and provide you with cash benefits as compensation for lost time at work after a waiting period between 3 to 7 days. However, the only thing more important than filing for worker’s compensation in the event that you have suffered an injury while on the job is knowing how to file. Worker’s compensation works differently from state to state. Knowing how worker’s compensation benefits work in your state is important to your medical coverage. The following tips will provide you with the right knowledge to file for worker’s compensation in the state of Arizona. Know your eligibility As long as you’re an employee of your current workplace, you have worker’s compensation coverage regardless if you work full-time or part-time. All Arizona employers are required to provide you with worker’s compensation coverage. However, if your employer has failed to provide you with coverage, the Industrial Commission of Arizona, or ICA, will gladly secure you with benefits. Know what counts Do not wait to file a workers compensation claim because you are afraid you will not be covered due to being at fault for your injury. Worker’s compensation benefits apply to workers who have suffered from injuries that were both the worker’s fault and the workplace’s. Therefore, do not allow your hesitancy to cost you potential coverage. File as soon as possible Inform your employer of your work-related injury as soon as you are able as they are required to report your injury or illness to the ICA. Additionally, you must also report to the ICA and file a Worker’s Report of Injury within one year of receiving the injury. Within two weeks of submitting your claim to the ICA, you will receive a letter acknowledging the receipt of the claim. Within three weeks of the claim going through, your employer’s insurance will determine whether or not to grant you worker’s compensation benefits. Hire a worker compensation lawyer In the state of Arizona, you have 90 days to file a hearing request if your worker’s compensation claim has been denied by your employer’s insurance company. Submit a hearing request form through the ICA after which you will receive a letter determining the time and date of the court appearance. The date of the hearing is typically three months after the acceptance of the hearing request form by the ICA. During this time, hire a worker compensation lawyer to assist you in the preparation of your case and to gather effective evidence. Workers comp lawyers understand the worker’s compensation process. Therefore, a worker compensation lawyer will be able to argue on your behalf far more efficiently and effectively than you may be able to on your own. Knowing your state and how its workers compensation benefits work for you is essential to your peace of mind. Be sure to file for workers compensation as soon as possible and to seek an AZ workers compensation lawyer through the law offices of Robert E. Wisniewski to guarantee your best chance of receiving optimal...

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Suffered a Work Injury in Arizona? You May Qualify for Social Security Disability Benefits

Posted by on Jun 2, 2017 in File a Claim, Workers compensation | Comments Off on Suffered a Work Injury in Arizona? You May Qualify for Social Security Disability Benefits

Workers compensation covers your medical bills and fees in the event that you have suffered an injury or illness while on the job. You may benefit from worker’s compensation regardless if you were at fault for the injury. Additionally, you may benefit from worker’s compensation even if you are a part-time employee. Under Arizona law, an employer must file a workers compensation claim with ICA after you have notified them of your injury. In 2013 alone, 917,100 workplace illnesses and injuries caused missed work days. Missed work days result in missed pay. Workers compensation assists injured workers with missed pay as well as medical expenses. However, in the event that the injury causes the worker to remain out of work for more than a year they may be able to claim Social Security disability benefits. What is Social Security? According to the Social Security Administration, Social Security offers monthly cash benefits to those who “can’t work because they have a medical condition that’s expected to last at least one year or result in death.” Only after six months of being unable to work is a person able to apply for Social Security disability benefits. Do I qualify for Social Security disability benefits? If you meet Social Security’s definition of disability while simultaneously having worked for jobs that Social Security covers, then you are qualified for Social Security disability benefits. Am I able to receive both Social Security disability benefits as well as Workers Compensation? Yes and no. It is possible to benefit from both programs as Social Security is provided by the United States government whereas your worker’s compensation is provided by the state of Arizona. However depending on your injury, situation, and whether you have hired a workers compensation lawyer who can skillfully maneuver this type of lawful terrain it is also possible you may only qualify for one. The qualifications for your worker’s compensation and Social Security disability benefits are very different. To file a claim for worker’s compensation, you must simply be unable to perform the current job at which you suffered the injury. However, to file a claim for Social Security disability benefits, you must be completely disabled and unable to work for any employer regardless of the job for a year or more. How can I be sure whether or not I can benefit from Social Security disability? Hiring a lawyer specializing in workers compensation or Social Security disability benefits will guarantee you the best results. A workers compensation lawyer through the law offices of Robert E. Wisniewski can help you knowledgeably determine your eligibility for Social Security benefits as well as any additional benefits the state of Arizona may offer...

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I Suffered an Ankle Fracture While Working. Now What?

Posted by on May 22, 2017 in Workers compensation | Comments Off on I Suffered an Ankle Fracture While Working. Now What?

I Suffered an Ankle Fracture While Working. Now What?

If you’ve suffered from a work-related injury in Arizona, know you are not alone. In 2013, nationwide, there was reported to be 170,450 job-related back injuries; 229,190 slip, trip, and fall injuries; and 327,060 sprains, tears, and strains. If you are among the latter who have received a job-related ankle sprain or fracture, here’s what you need to know. Inform your employer of your injury If you work in the state of Arizona, your employer is required to provide you with workers’ compensation without any repayment on your behalf whether or not the injury was your fault. Be sure to inform your employer as soon as possible about your injury as they are required to report the injury to the Industrial Commission of Arizona (ICA) as well as the insurance company that will cover the injury. Seek medical attention While a minor sprain may be taken care of individually, it’s important to seek medical attention in the chance that the injury may be a fracture. A typical ankle sprain is caused by an overextension of the ligaments and can often be treated with a cold compress or brace. However, a fracture relates to the bones of the ankle (the tibia, talus, calcaneus, or fibula) and to properly heal, the injury must be seen by a doctor to immediately set the bones. A sprain will swell, but a fracture will cause swelling with additional numbness and intense pain. File a claim When you are injured on the job, it’s required of you to file a Worker’s Report of Injury to the ICA. This can either be done by yourself or while you are at your doctor’s office wherein you may complete a Worker’s and Physician’s Report of Injury, which your doctor will submit to the ICA for you. Make sure your claim has been received Within two weeks of filing a Worker’s Report of Injury, you should receive a confirmation letter from the ICA acknowledging the reception of your claim. Call the ICA if you have not received this confirmation letter. What do I do if my employer’s insurance denies my claim for workers comp? Within three weeks of your filed claim being confirmed by the ICA, you will receive the decision made by your employer’s insurance company regarding whether or not they will grant or deny your workers compensation. In the chance that your claim has been denied by your employer’s insurance company, you can submit a request for a hearing with the ICA within 90 days. The ICA will respond with a letter detailing the time and date of your hearing, typically three months from the day you sent the request. Hire a workers compensation lawyer While hiring a lawyer is a not a requirement, it will benefit your case exponentially. A workers comp lawyer (in this case, an AZ workers comp lawyer), knows the procedures, dates, and paperwork that must all be tracked and taken care of with great organizational detail. Choosing to be your own lawyer may not work out well in your favor as falling behind on paperwork even once may jeopardize and even lose your case. An AZ workers comp lawyer argues cases like yours on a professional basis. Therefore, they know what evidence to procure for your case, what may be argued and...

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Workers Compensation and the Most Dangerous Jobs in the U.S.

Posted by on May 19, 2017 in Workers compensation | Comments Off on Workers Compensation and the Most Dangerous Jobs in the U.S.

A risk of injury on the job is actually more common than you would expect. According to the U.S. Bureau of Labor Statistics, there is one work-related accident about every 10 seconds. There are surprisingly, many jobs out there that one wouldn’t consider to be dangerous, but account for many injuries and accidents. For example, nursing assistants and orderlies each suffer approx 3x the rate of back and other musculoskeletal injuries as construction laborers. Here Are the Top 5 Most Dangerous Industries in the U.S. Local Government Health Care and Social Assistance Retail Trade Manufacturing Leisure and Hospitality Do you work in one of these leading industries? If so, you should know what workers comp options are available to you and what your rights are as an injured employee. Explained at it’s most basic level, workers compensation benefits are available to employees while they recuperate and have been injured on the job. However, there are many specific guidelines that need to be followed and considered, and only certain injuries and illnesses qualify. If you’ve suffered a workplace injury and are wondering whether to hire a workers’ compensation attorney, the answer depends on the severity of your injury and the overall complexity of your case. You should consider hiring a workers compensation lawyer when your employer denies your claim or you fail to receive the benefits promptly (during your recuperation). A lawyer should also be contacted if the benefits received do not cover your medical bills or any other out of pocket expenses related to the injury or illness. Finally, if you are unable to return to work because of a partial or permanent disability resulting from the work-related accident, you may be entitled to lifetime weekly payments or a lump sum to make up for your lost wages. A knowledgeable workers compensation attorney will explain all of your options to you before moving forward with your claim. You want to find a workers compensation lawyer or law firm that is reputable and reliable. Be sure to do your research and look for a firm that has experience, satisfied past clients that you can speak to, and make sure that the firm is up front and willing to disclose all of the fees involved in your claim. As an employee, there are everyday risks of injury and illness in your workplace. This can range from something as simple, like overexertion, to something more extreme, such as broken bones. Know your rights and what is owed to you for any workplace related injury/accident/injury. Workers comp was created to help you, the employee, and there are many experts in the field who can...

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4 Mistakes That Could Ruin Your Workers Compensation Case

Posted by on May 19, 2017 in Workers compensation | Comments Off on 4 Mistakes That Could Ruin Your Workers Compensation Case

Reporting an injury to your employer and filing for workers compensation might seem like a fairly simple task, but it can actually become quite complex. Not only that, but mistakes made along the way could seriously hinder your case. Here are four of the biggest mistakes you should avoid if you want your workers compensation case to go off without a hitch. No Experienced Lawyer Experienced workers comp lawyers are your best tools when you’re filing for workers compensation. The more experience they have with this kind of case, the better off you’re going to be in the long run. Experienced workers comp lawyers will have the knowledge, skills, and finesse you need to ensure a successful case. You’ll no doubt receive a better settlement with legal help on your side. Failing to Report Failure to report the initial accident or injury itself could be absolutely detrimental to your case. The entire point of workers compensation is to be compensated for time lost from work due to an injury. Whether you miss two days or two months, make sure you take the time to report your injury. Employees in the U.S. missed an average of eight work days in 2013 due to occupational injuries and illnesses, and you can be sure they all reported their issues. Not only will it help your case, it will help protect your fellow employees in the future. Neglecting the Doctor Following your doctor’s orders after sustaining an injury is crucial to your workers compensation case. A workers compensation attorney can’t defend you very well if you’ve failed completely to listen to your medical provider’s instructions! Not only could this make your injury worse, it could ultimately cost you your workers compensation case. Falsifying Injuries If there’s one thing you should absolutely never do when filing a workers compensation claim, it’s falsify your injuries or exaggerate your symptoms. you might be able to lie, but a doctor’s tests won’t. The medical evidence will be stacked against you and you’ll likely miss out on your workers compensation claim. Filing for workers compensation can be complicated, but if you have the proper guidance from a workers comp lawyer and you pay close attention to your company’s guidelines, you should be set for a successful...

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A Few Important Things to Know About Arizona Workers Comp

Posted by on Apr 26, 2017 in Workers compensation | Comments Off on A Few Important Things to Know About Arizona Workers Comp

State and Federal workers compensation laws covered approximately 125.8 million employees in 2011, but the amount of coverage received means nothing without proper knowledge of workers compensation laws in your state. Arizona workers compensation lawyers are well aware of the regulations that govern workers compensation in that state, but you might not. So to help you be prepared in the event of an injury sustained at work, here are a few essential things you need to know about workers compensation in Arizona. Claims Under AZ Workers Compensation Injuries Sustained on the Job By nature, injuries sustained at work or as a result of work are covered under workers compensation claims. Common injuries sustained on the job include, slips and falls, trips, and accidents involving heavy equipment. But if any of these accidents are the result of any drugs or alcohol, workers compensation won’t cover them. In those cases many people seek out workers compensation attorneys, but claims like that are rarely covered. Occupational Conditions Under AZ workers compensation laws, occupational conditions are listed as conditions that develop as a result of an employee being exposed to conditions or duties required of them on the job. They are covered under workers compensation, but they’re also tricky to discover. Death If a worker dies while performing their job duties or while they’re in the workplace, benefits may be paid to the dependents of that employee, according to AZ workers compensation law. Types of Benefits Medical Expenses If there are medical expenses as a result of an occupational injury, workers compensation benefits should absolutely cover them. But keep in mind that you may be required to see a medical provider chosen specifically by your employer. Lost Wages Short- and long-term disability benefits will cover any lost wages that occur as a result of any occupational injuries. It’s important to make sure you’re enrolled in disability benefits provided by your employer. Death Benefits As discussed previously, death as a result of occupational duties is covered under workers compensation. Benefits will be paid to any dependents you have. If you have any more questions about workers compensation laws, it’s important that you seek out workers compensation attorneys who can answer...

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How to Prepare for Your First Consultation with Workers Compensation Lawyers

Posted by on Apr 26, 2017 in Workers compensation | Comments Off on How to Prepare for Your First Consultation with Workers Compensation Lawyers

If you’re injured at work and want to file a workers compensation claim, you have a few options. Workers compensation should pay for medical costs for employees injured on the job, but sometimes those claims don’t necessarily go through. When a claim doesn’t go through, it’s time to get in touch with workers compensation lawyers. But in order to make the most out of your initial consultation, here’s what you need to do in order to prepare. Meeting with workers compensation lawyers requires you to have all of the information they might need to work on your case. And unfortunately, it may be more than you think. In order to be fully prepared, here’s what you’ll need:   Employment Information: It’s important to have information regarding when you were hired, your job description, and any other relevant information about your employer or your time spent working there prior to the injury.   Injury Information: Your lawyer needs to know exactly how and when you were injured. Try to make this information as detailed as possible.   Witness Information: Make a list of witnesses to your injury. The more people who saw what happened, the more evidence you’ll have to back up your claim.   Injury Report Information: In addition to knowing how and when you were injured, it’s important to include a note of exactly when you notified your employer and who in your company you notified.   Medical Information: You should include a brief summary of your medical treatment to date following the injury, as well as any related medical records, a list of medical providers, and any additional reports regarding your injury.   Previous Injuries: Any injuries prior to the one being claimed should be brought up as well, especially if the injury occurred in the same area or to the same body part. Insurance Information: Perhaps most importantly, you need to include any correspondence from your employer and your insurance company regarding your injury. This is crucial information for your workers compensation attorney to have. Going through a workers compensation claim may be difficult at times, but bringing the right information to your lawyer can help make for smooth sailing during the remainder of your case. Don’t forget to bring these materials to a workers compensation lawyer during a...

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The 3 Most Important Actions to Take After Being Hurt on the Job

Posted by on Apr 26, 2017 in Workers compensation | Comments Off on The 3 Most Important Actions to Take After Being Hurt on the Job

The 3 Most Important Actions to Take After Being Hurt on the Job

In 2013 alone, there were approximately 917,100 occupational injuries and illnesses that resulted in missed days of work. While not all of those injuries resulted in a workers compensation claim, it’s still important for employees to know the appropriate actions to take after being injured at work. Keep reading to learn the three most important actions to take after you’ve been injured at work. Obtain Medical Treatment The first thing you should do after any injury is seek out medical attention or first aid treatment. The sooner you get your treatment taken care of, the better. In addition, your health care provider must be authorized by the Workers Compensation Board. If you require diagnostic testing or prescription medication, your employer’s workers compensation policy may require you to seek that treatment through any number of diagnostic networks or pharmacies they frequently work with. But before you do so, make sure you have written notice that you need to see a medical provider within a certain network. Notify Your Supervisor Once you’ve received immediate medical treatment, the next step is to notify your supervisor or employer of the injury. In your report, you should detail exactly what the injury was, how it happened, and when it happened. If you fail to report the injury within 30 days of the incident, you may lose the right to workers compensation benefits. In the case of an illness caused by your job, you must report the incident within two years after you discovered the illness was work-related. Complete Your Claim Completing your claim through a workers compensation lawyer or on your own is an extremely important part of this process. If there’s lost time, you’re entitled to that compensation from your employer. A claim should be filed through a lawyer within two years after the date of injury or disablement from an occupational illness. Each of these steps play an important part in what happens after your occupational injury. Follow these, contact our office and you should be successful in your workers compensation...

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Important Questions You Should Be Asking Your Workers Compensation Attorneys

Posted by on Mar 21, 2017 in Workers compensation | Comments Off on Important Questions You Should Be Asking Your Workers Compensation Attorneys

Filing a workers compensation claim certainly isn’t something that you should do all on your own. In fact, that’s why workers compensation attorneys exist. And after narrowing down your list of potential attorneys to work with, it’s time to schedule your consultation. A consultation should be looked at not only as an opportunity to get to know your potential lawyer, but also as a form of interview where you can ask questions and make a hiring decision based on the answers you receive. If you want to make sure you’re making the most of this opportunity, here are the questions you need to be asking. How much experience do you have with workers compensation cases? Experience is a key factor that you should be considering here. If a workers compensation lawyer doesn’t have the necessary experience to handle a potentially complex case, then you need to take your business elsewhere. Can you provide me with references from clients or colleagues? References can be a major player in your decision of whether or not to hire an attorney. If lawyers aren’t willing to give you references from their past clients or from colleagues, it should be a warning sign for you. Who will be working on my case? This is an important question to ask, especially if you’re going to a larger law firm. The workers compensation attorneys you’re consulting with may be busy or bogged down with multiple cases and yours may be handed off to someone else. This is important to know in terms of contact information, as well as the amount of experience the other lawyer has. What are some strengths and weaknesses of my case? Starting with a quick assessment of your case can be a great jumping-off point for your consultation. Not only will it allow you more insight into your case, it will allow you to see how that particular attorney sees your case working out. There were approximately 327,060 job-related strains, sprains, and tears in 2013 alone that required legal representation. If you’re injured and need to file a workers compensation claim, it’s important that you ask the right questions during your...

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