WORKERS COMPENSATION

In most instances if you are hurt on the job you are entitled to workers compensation benefits. This means your medical bills should be paid and you should receive regular payments to replace your paycheck. You may also be entitled to additional payments for permanent injuries.

But sometimes whether you receive any benefits, how much, and for how long are big questions.  The insurance company wants to pay as little as possible-or nothing at all.

Even though it doesn’t matter whether you were at fault the company may try and blame you and deny the claim. Sometimes it takes a fight before benefits are paid.

Take, for example, Valentin: He and his crew were coming back from an out-of-town job in the boss’s truck.  They should not have stopped for beers, but they did. Valentin got drunk and fell asleep in the back seat. About 1 a.m. the driver fell asleep, too and wrecked the truck. Valentin was terribly injured and lost a leg.  The comp carrier denied the claim and we had to file in the Industrial Commission. The company still denies it owed the claim, but it settled. You see, the fact that Valentin got drunk and passed out had nothing to do with the wreck; he was in the company truck being driven home from work. Thus, in our opinion, the injury was compensable.  Valentin got a new leg and will receive regular payments for 25 years.