Workers’ Compensation Attorney in Nampa, Idaho

You’re a hard worker. You go to work every day, rarely call out and do your job well. So, what happens when you get hurt on the job? All of a sudden, your employer looks at you like you’re the enemy. It’s as if they think you did something wrong or purposely got hurt. All you want to do is get the medical care you need so you can get back to work. It can be a touchy subject when you get hurt on the job. That’s why it’s best if you have an experienced workers’ comp attorney by your side.

Depending on what kind of work you do, you could suffer any sort of injury at work. Physical laborers are obviously at the most risk of getting hurt. Some of the industries that experience the highest amount of work-related injuries include:

• Construction
• Mechanics
• Truck drivers
• Plumbers
• Sports related jobs

This doesn’t mean that these are the only people who get hurt at work. It doesn’t matter what you do – you could sit behind a desk all day and get hurt at work. Workers’ comp is there to protect all workers. The point of workers’ compensation insurance is to make sure you get the medical care you require. It’s also there to provide you with replacement wages while you’re out of work.

Idaho has very strict workers’ comp laws. Unlike many other states, they limit the length of time you can receive workers’ comp benefits. They also require retraining for many workers. Rather than deem people unfit to return to work, they require that you be trained to work in another field or position. The state does not want to encourage long-term workers’ comp benefits.

How a Workers’ Comp Lawyer Can Help

Like we mentioned above, sometimes when you get hurt at work, you become persona non grata. Your manager, HR director and co-workers may look at you like you did something wrong. It’s nothing personal. There is just always a cloud of suspicion when someone gets hurt at work. This is especially true if you haven’t worked for the company very long or if you have gotten hurt in the past. A good workers’ compensation lawyer will make sure you are protected from this kind of treatment.

The first thing you need to do if you’re hurt at work is report it to HR or your manager. There are certain steps that must be taken in order to open a workers’ compensation claim. First, most employers require that you complete an incident or accident report. This documents the injury and allows for both sides to get evidence or information related to the accident. 

The next thing you need to do is get treatment. In almost all circumstances, your employer will require you to get treatment by their doctor. Every workers’ compensation insurance plan lists approved doctors that can treat injured employees. If you seek treatment from your own doctor, you may lose your workers’ comp benefits.

Immediately following a work-related injury, you should contact a workers’ comp attorney in Nampa, Idaho. Your attorney will make sure you meet all the requirements for workers’ comp benefits. They will communicate with your employer and the insurance company to make sure you aren’t taken advantage of. Most importantly, they will make sure you aren’t forced to return to work before your physically able to do so. 

Workers’ Compensation Hearings:

If you’re very fortunate, you’ll submit your workers’ comp claim and start receiving benefits in a week or two. Your employer will be cooperative and compassionate. However, this is not always the case. Your claim may be denied in whole or in part. The workers’ compensation insurance may say that you’re able to work or that you’re not injured. There are many reasons why your claim may be denied. 

If this happens, you need to request an appeals’ hearing. It’s important to note that this hearing won’t be scheduled automatically when your claim is denied. It’s up to you or your attorney to make sure this happens. At this hearing, the court will determine if you are indeed qualified for workers’ comp benefits. 

At the hearing, the Court is going to look at the following:

• 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 the hearing, the court will make a ruling as to whether you’re entitled to your benefits. If they approve your claim, you will start receiving benefits shortly thereafter. If they deny your claim, your attorney is going to have to file further appeals. This process can take quite some time. You want an experienced lawyer by your side to help you get the care and compensation you need.

Workers’ Comp Denials:

Your claim could be denied for any number of reasons. Some are legitimate – or at least the employers feel they are legitimate. Some of the more common reasons your claim may be denied include:

• You weren’t actually injured
• The injury did not take place on the job
• You have pre-existing conditions
• You were under the influence of alcohol or drugs at the time of the injury
• You didn’t follow safety protocol
• You were off the clock
• You didn’t work at the company long enough to qualify for workers comp

All of these reasons may be cited as a justification to deny your benefits. For example, let’s imagine you report an injury to your manager Monday morning at work. The injury is a broken ankle. Your co-workers already heard you tell a story about falling over the weekend and hurting your ankle. If this is the case, you can understand why your employer may doubt it is a work-related injury.

There are some insurance companies and employers who deny claims for no reason. It may be an unwritten rule to deny all claims until they are appealed. This is not a good way to do business, but it happens. Your attorney will be able to get a history of their denials and argue that you are entitled to coverage. 

Workers’ Compensation Benefits:

If your workers’ compensation claim is approved, you will be entitled to certain benefits. These benefits are meant to be short term. Once you are physically ready to return to work, your benefits will stop. Keep in mind, it is the employer’s doctor who will make this determination. If your attorney believes they are forcing you back to work too soon, he can hire his own experts to prove this isn’t the case. 

In Idaho, you are entitled to the following under workers comp:

• Medical care for your injuries. This care should continue until you are fully recovered and able to return to work. 
• If you are not able to return to your prior position, you may be required to attend retraining for up to one year. The goal of retraining is to get you back to work in some capacity.
• Payment of up to 55% of your gross weekly earnings
• Your benefits stop when it is determined that you are able to return to work

As you can imagine, your employer will always want to get you back to work as soon as possible. They lose money while you are not at work. They still have to pay the insurance claim, while at the same time paying someone else to do your job. It makes sense that they would want you back at work.

The problem arises when you are not really ready to go back to work and your benefits are threatened to expire. You are going to want a skilled workers’ comp attorney to argue that you are not yet ready to return. They can get testimony from experts to show that you still need more time to recover and be treated.

Workers’ Comp Death Benefits:

In very tragic circumstances, an employee may die from a work-related injury or illness. This may happen immediately following the incident or months later. If your loved one passes as a result of work-related injury or disease, it is crucial that you contact a workers’ compensation attorney in Nampa.

You would hope that if a valued employee died after a work-related illness or injury, the employer would want to do everything they could to help the employee’s family. This may be how you’d want to run your business. However, for financial reasons, this is often not the case. As soon as injury takes place, managers and employers are reminded not to speak about the injury. They are not going to admit liability in case there is a claim or lawsuit brought later on.

Aside from flowers and a sympathy card, don’t expect an employer to offer death benefits. Your lawyer will be forced to prove that your loved one did suffer a work-related injury or illness. He’ll also have to prove that your loved one’s death was a result of that injury or illness. Finally, he’ll have to prove how much money your family is entitled to.

If your loved one dies as a result of a work-related injury or illness, you may be entitled to death benefits. In order to qualify, you must meet the following:

• You are 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

Permanent Disability Benefits:

If your workers’ comp claim is denied, or if your benefits run out, you may need to apply for permanent disability benefits. Idaho doesn’t offer long-term workers comp benefits. They expect you to get back to work or apply for disability. They will not extend benefits for years on end. If this is the case, you will want a workers’ comp attorney to be by your side.

Your attorney can do a few things. First, he can appeal your workers’ comp claim denial. Alternately, he can also push to have your benefits extended long enough to get you back to work. If neither of these things are successful, you may need to file for permanent disability.

Like all other states, Idaho is very strict when it comes to granting permanent disability. This is because it’s, well, permanent. Once awarded, it is very hard for the state to take disability status away from you. Therefore, you can expect that they are very reluctant to approve permanent disability applications.

Your lawyer will guide you thru the disability process. In order to qualify for permanent disability in Idaho, you need to meet the following:

• 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

Many applications for permanent disability are not approved right away. Expect it to take time. Your lawyer will do his best to move things along, but he is not a miracle worker. Be patient and have faith in your workers’ comp lawyer that he is working hard for you. 

Workers’ Comp Lawyers Handle All Types of Injuries

No injury is too big or small when it comes to workers compensation. What may seem like a minor injury to one employee may be life-altering for another. Conversely, what you may think is a devastating injury may seem like run-of-the-mill aches and pains to another person. Your workers’ compensation lawyers in Nampa, Idaho are able to handle all types of work-related injuries and illnesses.

Some of the most common types of work-related injuries include:

• Back Injuries

This is the most common type of work-related injury. You can suffer disc issues or even a muscle strain doing the simplest things at work. You may pick up a box that is too heavy. You could twist in your chair and injure yourself. Some of the more serious back injuries result from falls. People who work in construction are very prone to this type of injury. 

Back injuries may take months or years to fully heal. Nobody can judge your pain. All a doctor can do is judge your physical condition. Your doctor will perform all kinds of tests to see if your back is improving. You may require surgery or physical therapy. You may have to see a chiropractor several times a week for months on end. 

Your workers’ comp lawyer will make sure you aren’t forced to return to work until you are fully healed. The worst thing is if you go back too soon and reinjure yourself. This could lead to long-term or permanent disability.

• Eye Injury

There are two main types of eye injuries. You can get poked in the eye with something sharp. You can also suffer a chemical burn to the eye. Both of these can lead to long-term vision problems. You certainly can’t perform your job if you can’t see. You may have to undergo surgery. You may be required to wear protective eyewear for quite some time after your injury. 

Since an eye injury affects your ability to do just about every job, you won’t be able to return to work until you are healed. It is difficult for an employer to deny this type of injury. This is because it is obvious and it is visible. They may claim that your injury isn’t as serious as you are making it out to be. This is where your workers’ comp attorney comes in.

• Hearing Damage

People who work in factories and construction sites are exposed to loud, repetitive noises all day long. This can lead to incremental and severe hearing damage. This can lead to permanent hearing loss. There isn’t a whole lot a doctor can do to repair hearing damage. There are some surgeries that can help, however, for the most part, it takes time to heal. 

Depending on the kind of work you do, hearing damage may cause permanent disability. All jobs require you to be able to hear – it won’t be possible to do this with extensive hearing damage. 

• Occupational Diseases

This type of injury can be the most devastating. The reason for this is that by the time you realize you have a work-related disease, it may be too late to do much about it. For example, mesothelioma is one of the most serious types of work-related diseases. It is an aggressive form of cancer that almost always results in death. By the time you are diagnosed, there isn’t much you can do.

The issue with occupational diseases is causation. Your lawyer will have to prove that the illness was caused by your job. He may have to do this in a short period of time, especially if the disease proves fatal. Your compassionate workers’ comp lawyer will work hard to get you and your family the compensation you deserve. 

• Brain Injury

You may suffer a traumatic brain injury (TBI) while on the job. A TBI results from a serious blow to the head. It can have devastating consequences. Some of the symptoms of a TBI are:

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

A TBI can make it near impossible for you to do your job ever again. You may not be able to work ever again. You need an experienced workers comp lawyer there by your side to ensure you receive the benefits you’re entitled to.

• Hip Injury

This type of injury is very common with athletes, physical laborers and truck drivers. Regardless of age, you can suffer a serious hip injury. Some of the most common types of hip injuries include:

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

You may need to get surgery but, at a minimum, you will have to attend physical therapy. It’s very important that you have a workers comp lawyer to make sure you get the care you need. 

• Knee Injury

Knee injuries are very common with people who work on the ground or have to get up and down throughout the day. They are very common with people who do the same job for many years. The wear and tear on your knees can require surgery and physical therapy. Common knee injuries include:

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

• Neck Injuries

Aside from TBI, neck injuries are some of the more serious types of work-related injuries. You can suffer muscle tears and strains. You may even suffer a broken neck. These are more common with jobs in the construction industry. You could fall and break your neck. This could lead to permanent disability or even paralysis. You really want to have a workers’ comp lawyer there to take care of the legal side of things so you can focus on your recovery.

• Repetitive Stress Injury

The most common type of repetitive stress injury is carpal tunnel disease. Most people have heard of this and know someone who has had it. It is caused by constant use of the tendon between your wrist and your hand. It is very common with casino dealers, waitresses, electricians and secretaries. Sadly, there is no real treatment for carpal tunnel. The only repair involves surgery. The one benefit of a carpal tunnel claim is that employers don’t typically challenge them. They are easy to diagnose and easy to prove. 

Contact Our Nampa, Idaho Workers’ Compensation Attorneys

If you or a loved one have been injured at work, you want to contact a workers’ comp lawyer in Nampa, Idaho. Filing a successful workers’ compensation claim is not as easy as you may think. There are issues of causation, severity and timing. Many workers comp claims are denied in whole or in part. You have to meet very strict filing requirements.

The last thing you need when you’re hurt is to be fighting with an insurance company. You need to focus on getting well. Let your experienced workers’ comp lawyer deal with the legal side of things. Contact a workers’ comp lawyer in Nampa today to schedule your initial consultation. It is absolutely free and you get a chance to have your questions and concerns answered by an experienced attorney.