Workers’ Compensation Lawyer in Meridian, Idaho

We go to work every day. We work hard and can’t wait to realize the fruits of our labor. And then one day, something happens. Either you fall or hurt your back picking up a box. When you get hurt at work, it can be frustrating and scary. Your first thought is, “How am I going to take care of my family if I’m out of work?”  Thankfully, if you’re hurt at work, you are entitled to workers’ comp insurance. 

Idaho has some very strict rules when it comes to workers’ compensation. In fact, it is stricter than most other states. This is why it’s so important that you have a workers’ comp lawyer by your side. There are so many rules and deadlines when it comes to filing a workers’ comp claim. 

Unlike many states, Idaho offers no long-term or permanent workers’ compensation attorney. You need an experienced workers’ compensation attorney to make sure you receive the maximum benefits available to you. If your workers’ comp benefits run out before you’re able to return to work, you may have to file for disability. This can be a very time consuming and difficult process. 

An experienced workers’ compensation attorney knows how the law works. They know what evidence they need to prove that you were seriously injured on the job. They also will work hard to make sure you get the medical care and compensation you deserve. Many times, employers or workers’ comp insurance companies want to rush you back to work. As much as you want to return to work and get back to your normal life, your health has to be a priority. 

How a Workers’ Compensation Lawyer Can Help You with Your Claim

Unlike some other areas of the law, unless an attorney has experience with workers’ comp, chances are he won’t be able to handle your case. There are many steps in the workers’ compensation process. They involve hearings and determinations that may not go your way. You really don’t want to handle your workers’ comp case yourself. There is a lot at risk and if you don’t get it right the first time, you may not receive the compensation you deserve.

Some industries in Idaho don’t even provide you with workers’ compensation benefits. This is mainly agricultural and farming work. However, you want to make sure you work in an industry that has workers comp available to you. Also, depending on how severe your injuries are, you may be out of work for quite some time.

There are many limitations to workers’ comp benefits in Idaho. They have to do with the length of time you can receive compensation and with how much money you are entitled to. Very rarely will you get anywhere near as much as you were earning at your job. Most people can expect to receive about 55% of their gross pay at most. Idaho also limits how long you can receive your benefits.

You want a skilled and experienced workers’ comp attorney by your side to guide you through the process. You want to make sure you as much per week for as long as possible. It really depends on the nature and severity of your injuries. A good workers’ comp attorney will work hard to prove your case and get you the money you deserve.

Workers’ Compensation Hearings: 

If you’re lucky, your workers’ comp claim will be approved right away. However, if it’s denied or if the court wants additional information before approving your claim, you’ll have to attend a hearing. This hearing won’t be automatically scheduled. It’s your responsibility to request this hearing. You will want to have an attorney handle this hearing for you.

• At the workers’ comp hearing, the court is going to review the following:
• What are your injuries?
• Were you hurt while performing your job
• Did you sustain the injuries in some way not related to your job?
• Did you have pre-existing conditions that caused the injury?
• Are you actually unable to do your job?
• Has your employer submitted the correct earnings statements?

After reviewing this information, the court will either approve your claim, deny your claim, or take some alternate action. Your lawyer will argue your case to give you the best chance of winning this appeal. 

Workers’ Comp Denials:

If your claim is denied in whole or in part, you are going to have to file an appeal and attend a hearing. Once your claim is denied, it is your burden to prove that you are entitled to benefits. This may seem unfair. You were the one who was injured. However, there are circumstances in which the court doesn’t feel you are entitled to workers’ comp benefits. You need to let your lawyer go to battle for you and appeal your claim.

Your claim could be denied for any number of reasons. The court may not think you are really injured. They may think you are faking an injury or making it out to be worse than it is. Your attorney will have your doctor testify to the seriousness and legitimacy of your injuries. He can also present medical evidence to prove that your injury occurred at the time of your work accident. 

Another reason your claim may be denied is that the court believes your injuries were not the result of doing your job. For example, let’s imagine you report to your employer on Monday morning that you hurt your back while unloading a truck. You file your workers’ comp claim. A few days later, your claim is denied. They cite a social media post over the weekend where you complain about your back hurting after playing football. 

The court believes you hurt your back while playing football and not while at work. It is going to take a skilled workers’ comp attorney to prove your case. He may have to call witnesses from work to verify that you were indeed hurt while unloading the truck. This is not something you want to take on yourself. 

Workers’ Comp Benefits:

Idaho is not as generous when it comes to workers’ compensation as some other states are. However, there are certain things you are entitled to if you are hurt at work. In Meridian, Idaho, you are entitled to the following under workers’ compensation law:

• Medical treatment for your work-related injuries. This treatment will extend for a reasonable amount of time following the accident. 
• Retraining benefits
• Wage replacement compensation of up to 55% of your gross weekly earnings
• The length and specific amount of your benefits will depend on the seriousness and length of your injury

Once you are cleared to return to work, your compensation benefits expire. The issue is when you don’t feel ready to return to work but your employer thinks you are. Your workers’ comp lawyer will communicate with the workers’ comp insurance company and the courts to make sure you don’t go back to work until you are physically able to do so.

Workers’ Comp Death Benefits:

This is certainly not something any of us want to think about. Unfortunately, there are work-related accidents that are very serious. If you lose a loved one to a work injury or disease. You are going to want to seek a workers’ comp attorney. There is nothing worse than the death of a loved one, especially when it was on the job. 

In Meridian Idaho, you are entitled to workers’ comp death benefits under the following circumstances:

• You’re the worker’s spouse who was living with him at the time of his death (or were living separately from him for a justifiable reason)
• You have children under the age of 18 (or 24 if they are in college)
• You are the child of any worker who passes away and you are unable to financially support yourself
• Anyone who is financially dependent on the worker may file a claim for death benefits

The amount of eligibility of workers’ comp death benefits depend on the circumstances of your case. Your workers’ compensation lawyer will deal with the courts and the insurance company to negotiate the best settlement possible.

Permanent Disability Benefits:

If you aren’t entitled to workers’ comp benefits or if your claim expires, you may need to file for permanent disability. The requirements for permanent disability in Meridian, Idaho are very strict. This is because you are asking the state to make a determination that you will not be able to work ever again. The state is reluctant to do this for obvious reasons. Once they grant permanent disability, it is very hard for them to take these benefits away.

The good news is that workers’ comp lawyers understand what it takes to qualify for permanent disability benefits in Idaho. The requirements are:

• You can no longer do the job you once did
• You are not able to do any other comparable or suitable work
• The state determines that you are not able to work due to a physical or mental disability
• This disability has lasted for at least 1 year, or is expected to last for at least one year or until your death

You will have to prove that you are seriously disabled. Just because you can’t work as a car mechanic doesn’t mean you aren’t able to work as a car salesman. The state is very reluctant to approve people for permanent disability claims. You will have to show that your disability makes it impossible to perform any job, ever again.

Workers’ Comp Lawyers Handle All Types of Workers’ Comp Injuries

There really is no limit to the types of injuries you can suffer at work. You could be doing something as simple as picking up a box and strain your back. You may turn wrong in your office chair and pull your neck. Perhaps you work as a card dealer in a casino and develop carpal tunnel. The good news is that workers’ comp lawyers have handled all sort of work-related injuries.

You may suffer a minor injury or a serious injury at work. This will determine what kind of benefits you may be entitled to. If you’re out of work for a week or two, you won’t have a very large workers’ comp claim. This is because you have to be out of work for at least five (5) consecutive days before you even qualify to file a workers’ comp claim. The waiting period is even longer if you aren’t hospitalized for your injury. 

The most common types of workers’ comp injuries include:

• Back Injuries

You can hurt your back doing almost anything. It can be caused from repetitive motion or lifting. Or, you may lift something too heavy and pull your back. Most back injuries at work involve disc issues. You can suffer a herniated or bulging disc. These are painful and may require surgery. At a minimum, disc injuries usually require extensive physical therapy. 

When you get hurt, you will have to report your injury to HR immediately. They will send you out for immediate treatment to an approved doctor. This doctor will continue to treat you throughout your workers compensation claim period. Your doctor will determine if you need surgery, physical therapy or chiropractic care. You may be put on a pain management program that prevents you from performing your job safely. 

It’s important to follow your doctor’s instructions so that you don’t compromise your claim. If you miss appointments or don’t complete therapy as suggested, you may lose your workers’ compensation benefits. Communicate all appointments and treatment instructions to your workers’ comp attorney. He may need this information if there are any issues with your benefits down the road. 

• Eye Injuries

You don’t realize just how easy it is to injure your eye until you suffer an eye injury at work. Eye injuries can be caused by chemicals, light, and instruments. If you are poked in the eye with something sharp or abrasive, it can scratch your cornea. This type of injury may even require surgery. This can happen from something as simple as unloading a crate of products to walking into a sharp object.

Chemical burns are also common types of eye injuries. Depending on what type of work you do, your eyes may be exposed to dangerous chemicals and fumes. Our eyes are very sensitive. Even if you’re wearing the proper protective equipment, you can suffer chemical burns to your eyes. These, again, can require surgery or long-term treatment.

You can’t perform your job if you can’t see. Thankfully, most eye injuries are reparable and heal over time. However, you should be entitled to compensation for work-related eye injuries. Your workers’ comp lawyer will make sure you get the compensation you deserve.

• Hearing Damages

If you work in an industry that does explosive work or demolition, you are very susceptible to suffering from hearing damage. This is also true for factory and warehouse workers that are subjected to constant noise all day. Hearing damage is not as common as some other work-related injuries but they can be just as serious.

Injuries to your hearing are often permanent or long-term. Some hearing damage injuries are not reparable. It depends on how early you catch the injury. If the damage has built up for an extensive period of time, there may not be much a doctor can do to fix it. If you find that your hearing loss is permanent, you may need to apply for permanent disability after your workers’ comp benefits expire. Your attorney will be able to guide you through this process. 

• Occupational Disease

The biggest issue with occupational diseases is that, by the time you realize you have one, the disease may have progressed to a dangerous point. This is very true for diseases such as mesothelioma. Exposure to certain toxins causes different types of cancers. As much as cancer treatment has improve over the years, there is no disease more serious. 

Certain industries such as firefighters, builders, and HVAC are more prone to occupational diseases. It is important that you seek medical treatment immediately if you suspect you may have been exposed to a certain occupational illness or disease. This is especially true in the nursing and medical fields where you are exposed to illnesses and disease on a daily basis. 

If you or a loved one are suffering from an occupational disease, it is important that you retain the services of an experienced workers’ comp attorney right away. You are going to be facing a long and arduous road and it’s important to have someone by your side to handle the legal side of things for you.

• Brain Injuries

If you suffer a serious blow to head while at work, you may be stricken with a traumatic brain injury. This is one of the more serious types of occupational injuries. Signs of a traumatic brain injury (TBI) include:

• Dizziness
• Headaches
• Memory loss
• Vision impairment
• Fatigue

It’s important that you see a specialist for this type of injury. If your workers’ comp insurance won’t approve this type of treatment, your workers’ comp lawyer will push to make sure you receive the treatment you deserve. You will likely be out of work for quite some time. Your medical bills will be extensive. It’s important that these things be covered under your workers comp claim.

• Hip Injury

Hip injuries are more common at work than you may think. They are usually the result of repetitive twisting or turning. It can also be caused by constant reaching and stretching while on the job. Some of the more common types of hip injuries include:

• Hip fractures
• Dislocated hip
• Bursitis
• Labral tears
• Muscle and tendon strains

Hip injuries may require surgery or physical therapy. Your workers’ compensation attorney will make sure you get the benefits you deserve to cover your hip injuries. 

• Knee Injuries

Certain workers are more prone to suffer knee injuries than other workers. These include workers in the sports fields, electricians, mechanics and delivery people. Some knee injuries are more serious than others. The most common types of knee injuries include:

• Broken bones
• Tendon tears
• Dislocation
• ACL injuries
• Meniscal tears
• Tendonitis

Most knee injuries, unfortunately, do involve surgery. The recovery time for this type of injury could be several weeks to months. You do not want to return to work until you are full healed, otherwise you risk reinjury.

• Neck injury

Some of the less severe neck injuries involve neck strains or sprains. These types of injuries resolve themselves quickly and shouldn’t require you to miss a lot of time from work. Your sick time or vacation time should cover the recovery period. Other types of neck injuries, however, require surgery or long-term care. These more serious injuries include:

• Herniated or compressed disc
• Muscle or tissue damage
• Broken neck
• Neck and spinal fracture

If you suffer one of these more serious injuries, you should expect to be out of work for several months or longer. 

• Repetitive Stress Injury (Carpal Tunnel)

Carpal tunnel is caused by repeated use of the tendon that connects the wrist to your hand. It is very common with secretaries, casino dealers and electricians. Due to the nature of their work, they are very prone to contract carpal tunnel disease.

The only real treatment for carpal tunnel is serious. Given that carpal tunnel is almost always the result of a work injury or illness, workers’ comp insurance companies typically cover them without question. However, your workers’ comp lawyer will make sure you receive the care you need and don’t return to work until you are completely healed. 

Contact a Meridian, Idaho Workers’ Compensation Lawyer

If you’ve been injured in a work-related injury, you need to contact a Meridian workers’ compensation attorney immediately. What you do at the beginning stages of your claim matter. You want to make sure you have an experienced professional by your side. If you don’t file your claim the right way, the first time, you risk losing your benefits all together.

Contact an Idaho workers’ comp lawyer today to schedule your initial consultation. It is absolutely free and it gives you a chance to ask any questions or concerns you may have.