Workers’ Compensation Lawyer in Boise, Idaho

If injured in a work-related accident, you’re probably expecting to file worker’s comp claim and receive fair payment for your injuries. You presume your medical care has coverage and that you will get compensation for the time you miss from work. Chances are, you’ll be wrong.

In Idaho, you have entitlement to some workers’ compensation if hurt at work. However, it is not permanent and it is not going to be as much as you think it is. In fact, you receive nothing until and unless your claim gets approval. Even after it gets approval, you won’t be sure just how much you’ll be receiving.

You have two choice: You can file your claim and hope for the best or you can retain an attorney from the start. As soon as you’re injured, you need to seek medical treatment. This treatment has to be provided by an approved doctor under your employer’s workers’ comp plan. The next thing you need to do is call a workers’ comp lawyer in Boise.

An experienced workers’ compensation attorney is going to work hard to get you the compensation you deserve. Your human resources officer is supposed to be on your side, but ultimately, they work for your employer. It is their job to save the company money and get you back to work as soon as possible. It’s your workers’ comp attorney’s job to keep you out of work until you’re fully healed and ready to go back to work.

How Does Workers’ Comp Work?

The workers’ compensation world is a bit confusing. Hopefully, you’ll never have to learn this the hard way. One way to ensure that doesn’t happen is to retain the services of one of Boise’s workers’ compensation lawyers. They will help you navigate the system from the time of your injury or illness to the day you go back to work.

It’s important that you have a basic understanding of how workers’ comp works in Idaho. The first thing you need do is file a worker’s comp claim with your employer. They submit it to their insurance carrier who will determine if they are going to pay your claim or not. Once they review your case, they will decide how much money you will receive and for how long you will receive it.

• Workers’ Comp Benefits:

If your claim is approved, you will start receiving your weekly benefits of about 60% per week. The max you can receive is $677.70 per week. So, even if you were making $100,000 per year, you aren’t going to receive nearly that much through workers’ comp.

• Workers’ Comp Hearing:

If your claim does not get approval, you are going to have an uphill battle to fight. You will need to apply to have a hearing scheduled. In this hearing, you will present your evidence of injury to the workers’ comp panel. They will then determine if you are entitled to either partial or full benefits. You may be approved for either of these or you will be denied all together.

• Denial of Claim:

If you are denied at the hearing, you can file an appeal. At this point, understand that if you haven’t been approved yet, it is for good reason. If you haven’t already retained a workers’ comp lawyer, now is the time to do so.

If approved, you will receive your benefits weekly until it is determined that you are ready to go back to work. In Idaho, there is not really long-term workers’ comp benefits. You may have to go to retraining so that they can find a job that you are both physically able to do and qualified to do.

If you are denied from receiving workers’ comp benefits, you will have to apply for disability. Again, there is no guarantee you will be approved. Furthermore, you won’t anymore (or even as much) as you would have through workers’ comp.

Permanent Disability Benefits

If you’re denied workers’ compensation benefits, you need to apply for disability. You may qualify for either short-term or permanent disability. It all depends on how serious your injuries are and whether or not you’ll ever be able to work again.

The social security/disability office looks at several factors when determining if you are entitled to disability benefits, including:

• How serious are your injuries?
• Can you work in your previous job?
• Can you work at all?
• Are you earning $1,000 or more per month?
• Are you able to perform normal, daily activities?
• How long have you had a disability?
• Will you be disabled for at least 1 year?

If you meet all of these qualifications, you still have to hope your disability is one that is covered by Idaho disability law. Idaho follows pretty much the same disability requirements as most states. Here is a list of the conditions that are considered severe enough to entitle you to disability:

• Loss of vision and inability to speak
• Respiratory illnesses
• Cardiovascular illnesses
• Digestive tract problems
• Immune system disorders
• Neurological disorders
• Musculoskeletal problems

These conditions may sound like a foreign language to you. Don’t worry. That is why Boise has experienced workers’ compensation lawyers to help you along the way.

Workers’ Comp Death Benefits

Sadly, some people get injuries so severe in workplace accidents that they die. If your loved one has died as a result of a workplace injury or illness, you absolutely want to call a workers’ comp attorney.

In Idaho, you are entitled to death benefits if you are the spouse or dependent child of a worker who dies from a work-related accident or illness. Just like a worker under workers’ comp law, death benefits only entitle you to a percentage of the wages the worker earned at the time of the accident.

Your workers’ comp lawyer will guide you through the legal system to get you and your family the money they deserve. It will take time and a lot of anguish, but you are entitled to compensation. You just have to follow the proper steps and be patient.

Types of Workers’ Comp Injuries

There are dozens of ways you can get hurt at work. You can fall or hit your head on something or you could get hurt in a car accident while driving a company vehicle. You could even get hit by a car while running errands for your boss. If you are on the clock and get hurt you may be entitled to workers’ comp benefits.

There are a few legal requirements under workers’ comp law:

• You have to be working at the time the injury occurs or the illness begins
• You have to be doing something within the scope of your employment. For example, if hurt riding a skateboard through the aisles of a local supermarket but you’re a stock boy, you probably won’t get workers’ comp benefits. Unless your attorney can show that it was standard protocol for stock boys to get back and forth via skateboard, you are out of luck.
• You have to prove that you have an injury
• You have to show that the injury is something that prevents you from doing your job. So, if you work a desk job and sprain your ankle, chances are you may not qualify for workers’ comp. If you are a truck driver, however, and break your foot, you should qualify.
• You have to not have had a pre-existing condition. This is tricky. You can have a pre-existing condition but still qualify for workers’ comp. You may have degenerative disc disorder in your back but if you fall from scaffolding, you should be able to qualify for at least partial workers’ comp.

Whether or not you qualify for workers’ comp depends on the type of injury you suffer. Here are some of the most common types:

• Back Injuries

There are many ways you can injure your back. You can fall and slip a disc or you can get in a car accident and end up with a spinal cord injury. You may just strain your back from picking up heavy boxes week in, week out. Some back injuries are minor and only require physical therapy or pain management. Others are severe and require surgery followed by many months of care. Either way, you are going to be out of work. You may be out of work for weeks or even months. The injury may be so severe that you aren’t able to work ever again. Your workers’ comp attorney will fight hard to get you benefits for as long as possible. He will also fight to get you full benefits rather than partial benefits.

• Eye Injuries

You don’t think about receiving an eye injury at work, but it happens every day. You may suffer a chemical burn or a laceration of your cornea. Anything that makes your vision impaired is a pretty serious injury. In order to work, you need to be able to see. Even if you work in a toll booth, you are going to need to see. There are very few, if any, jobs that don’t require at least decent vision. Eye injuries often require surgery. Even if you don’t need surgery, you will likely be out of work for quite some time. You deserve to get compensation for this time. You also deserve to have your medical bills paid during this time.

• Hearing Damage

You don’t wake up in the morning and worry that you’ll experience hearing damage at work. However, if you work in certain industries, you probably should. For example, people in the construction industry and power plants often are around loud and recurring noise. This can cause significant hearing damage. The damage may not happen overnight, but it can. Even people working in factories or nightclubs can suffer from hearing damage. If this is the case, you need to call a worker’s compensation lawyer. It is his job to make sure you get the compensation you deserve for your work-related injury.

• Occupational Diseases

There are advertisements every day on television for cases involving occupational diseases. These may be as serious as cancer or as minor as slight respiratory infections. Either way, they entitle you to compensation under Idaho law. If the disease is a direct result of your job, you can get compensation under Idaho’s workers’ compensation law. Proving your case can be very difficult. You certainly don’t want to do this on your own. You will want an experienced workers’ comp lawyer by your side.

• Brain Injuries

A lot of workers suffer brain injuries every year. They are typically from work-related car accidents and serious falls. When your brain suffers a severe impact or blow, you are liable to suffer a traumatic brain injury. These injuries can cause several issues, including:

• Hearing and vision loss
• Fatigue and insomnia
• Long-term and short-term memory loss
• Vertigo
• Ringing in the ears
• Impaired motor skills

If you suffer any of these, it is important that you have a skilled workers’ comp lawyer help you get your workers’ comp benefits.

• Hip Injury

We don’t really think of hip injuries when we think of work-related injuries. However, they certainly happen. People can suffer from hip fractures, muscle strains, broken bones and sprains. This is possible in just about any industry. Of course, people such as construction workers, plumbers and electricians may experience hip injuries more often than others. This is because of the nature of their jobs. They spend a lot of time crawling and bending and this can lead to hip injuries.

• Knee Injuries

Aside from back injuries, knee injuries are the most common type of work-related injury. They are common in just about any blue-collar type job. The older we get, the more likely we are to suffer knee injuries. However, depending on the type of work you do, you can suffer a serious knee injury regardless of your age. Some serious knee injuries include:

• ACL tears
• Fractures
• Tendinitis
• Meniscal tears
• Dislocation

• Neck Injuries

Neck injuries are some of the most serious types of work injuries. This is because not only are they painful, but they can be life threatening. They can also be life altering. Depending on how severe the neck injury, you may require surgery and months (or years) of after care. Some neck injuries are minor such as whiplash or muscle strains. There are many more serious injuries such as broken necks, nerve damage and paralysis. You want to have an experienced workers’ comp lawyer by your side so that you can have the best chances of getting the compensation you need to survive.

• Carpal Tunnel

We hear all the time about carpal tunnel syndrome. It is very common with people who type or work with their hands. Casino dealers and truck drivers suffer from it all the time. So do mechanics and electricians. Any profession where you constantly have to use your hands can experience carpal tunnel syndrome. The only real treatment is surgery. It is the only way to relieve the pressure on the nerves in that area of your hand. It is hard to get compensation for carpal tunnel under workers’ comp because it is easy to argue that it took years to get the injury. If you have only been working for a company for a few months or a year, it will not be easy to prove your injury is directly related to that job.

If you suffered through any of these, or another type of work injury, you may have entitlement to workers’ comp benefits. These benefits include not only a portion of your weekly wages, but also coverage for your medical treatment. It is important that you speak with your human resources department to ensure that you get treatment by the right providers and at the right times. You don’t want to risk losing your workers’ comp benefits because of a technicality.

Contact a Workers’ Comp Lawyer in Boise

If you have been injured at work or suffer from a work-related illness, you need to contact a Boise workers’ compensation lawyer. The workers’ comp world is complex and is full of rules and regulations. If you miss one doctor’s appointment or don’t report for every single meeting, you can jeopardize losing your rights to your workers’ comp claim.

If you have an attorney handling your case, they will make sure you meet all of the technical requirements for your claim. They will communicate with both your employer and the insurance company to make sure there are no gaps in your medical coverage or weekly benefits.

If you are denied workers’ compensation benefits, you will have to file for disability. Your attorney will help you do this as well. Getting approval for disability is very difficult. There is no guarantee. You have to meet certain requirements and provide certain documentation. There are a lot of forms to fill out that are not so simple to fill out.

Your workers’ comp lawyer knows workers comp law and understands how the system works. Let them focus on the legal side of things so you can focus on your recovery. The initial consultation is free and your lawyer will answer any questions and concerns you may have.

The insurance company has an attorney working for them. You should as well. You don’t want to go up against the other side alone. There is too much at stake.