Bristol, TN Workers Compensation Lawyer
If you are struggling to receive benefits after being injured at your job, a workers’ compensation lawyer that serves the Bristol, TN community at your side is ready to support you. Workplace accidents occur all too often. An accident that occurs at work can change your life for the worse, resulting in not only a serious injury, but financial difficulties as well. Hazards in the workplace can vary widely, ranging from exposed wires, spilled water, faulty machinery, or improperly placed equipment. They can happen when you least expect them to, despite the precautions that you take. In certain cases, they can happen outside of your control. For workers who do sustain an unexpected injury, there is a benefit designed to give them aid and better facilitate their recovery. Workers’ compensation was made to provide benefits to workers who have suffered injuries due to workplace accidents. Employers are required to provide them. Unfortunately, applying for workers’ compensation is still a struggle for many employees. Despite having workers’ compensation, it can still be tough for workers to claim their benefits. If your employer has dismissed what you believe to be a valid workers’ compensation claim, talk to a workers’ compensation lawyer like one from the Law Offices of Mark T. Hurt so that they can evaluate your situation.
Bristol, TN Workers Compensation Lawyer
At the Law Offices of Mark T. Hurt, we believe in prioritizing the needs of our clients and changing their lives for the better. Attorney Mark T. Hurt has accumulated extensive litigation experience, handling personal injury and workers’ compensation cases. He has reached settlements which have amounted to millions. If you are in need of legal services from a top-rated lawyer, schedule a consultation today.
The process of applying for workers comp can be confusing and require multiple steps. Sometimes employers deliberately make the process difficult so that they do not have to spend additional money. Insurance companies do not act in the best interest of workers so they are actually not obligated to give you the compensation that you deserve if you suffer an injury. If you have experienced difficulty filing a workers’ compensation claim, you should talk to a lawyer who can assist you with the process.
Understanding Workers’ Compensation Benefits
Every state has their own set of laws that establish how workers’ compensation is regulated and implemented. When you are applying for workers’ compensation, confirm that your injury is eligible for compensation. Some injuries cannot be covered by workers’ compensation benefits, such as injuries that were aggravated by the worker or conditions that occurred while a worker was outside the premises during their lunch break. The workers’ compensation policies can be confusing and hard to understand because of the nuances involved, especially if your case is more complex, so consult with a lawyer and they will be able to give you a detailed explanation.
Qualifying for Benefits
Be aware of the workers’ compensation laws and requirements in your state. Workers must be employees of the company (independent contractors unfortunately do not qualify for benefits). The injury must have occurred while the employee was on duty, completing a work-related task, or was at a company function such as a conference. If a worker was outside of the company premises but was conducting a task related to their job, they may still be eligible. However, even if they are not on company time, such as on a break or right before they begin their shift, they may still qualify for workers’ compensation. If you have questions about your particular case and whether you meet the qualifications, consult with a seasoned lawyer.
Is Anyone Else Entitled to My Workers’ Comp Benefits?
You’ve suffered an injury on the job and started receiving workers’ compensation benefits. These benefits are designed to help you get back on your feet after a work-related injury—but is anyone else entitled to a portion of those benefits?
Workers’ Compensation and Taxes
If you are eligible to receive a workers’ compensation settlement, that income will help offset lost wages—could your workers’ comp payments have a significant effect on how you file your state and federal taxes?
In most cases, your workers’ compensation payments will not be subject to taxation. However, there are exceptions to every rule, and in some instances, your workers’ comp benefits may be taxed. A Bristol, TN workers compensation lawyer can advise you on tax implications of receiving benefits.
The most common situation leading to potential tax liability when receiving workers’ compensation occurs if you are also receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). In cases where your SSDI or SSI income combined with your workers’ comp benefits exceeds 80% of your normal income or crosses the threshold at which your Social Security benefits plus combined income would be subject to taxation, you may owe taxes on a portion of the payment you’ve received. An experienced workers’ comp attorney at the Law Offices of Mark T. Hurt is ready to discuss your situation and help you keep your settlement money.
Does workers’ comp affect child support or alimony?
While workers’ compensation is intended to help YOU maintain financial health when you are unable to work, family matters can complicate the extent to which you can actually access the full amount of your settlement. While every situation is unique and laws regarding child support obligations and spousal support vary from state to state (especially in cases where family members reside in different states), your workers’ compensation settlement may be on the table when calculating child and spousal support. If you are under an order to provide child or spousal support at the time of your injury, consult a Bristol, TN workers compensation lawyer to ensure that familial support obligations are accounted for during settlement negotiations. The attorneys at the Law Offices of Mark T. Hurt are on your side and can fight on your behalf to make sure that the amount you receive is sufficient to aid your recovery and compensate for any familial obligations that may arise while you are unable to work.
Common Workplace Accident Scenarios
You can sustain an injury at work in a number of ways. The risk of suffering an injury is higher if you are in certain industries, such as construction, healthcare services and manufacturing. Your risk of injury depends on what your work environment is like, such as the chemicals you are exposed to, as well as the equipment and tools that you use on a regular basis. However, any workplace can have hazards that put workers at risk of harm. Some areas may be full of clutter or are not organized properly, increasing the likelihood of an accident. A stray wire can lead to an accident that results in the victim getting seriously injured. Some common scenarios that may prompt you to file a workers’ compensation claim include:
- Falling off a ladder. You used a faulty ladder that was not repaired and became injured as a result.
- Slipping on food or liquid. You slipped on food, water or other liquid that was not cleaned up properly.
- Tripping over messy or exposed wires. You tripped and fell because of wires that were not taped down or put away.
- Sustaining a fracture after using heavy machinery. You fractured your hand while using construction equipment.
- Unsafe or hazardous conditions. You have suffered a burn due to a chemical leak.
How Compensation Is Determined
As a skilled workers’ compensation lawyer that Bristol, TN residents trust understands, several factors are considered to determine the benefit amount that should be awarded to an injured worker. Employers are careful to assess each claim in case of fraud, and they are not inclined to pay the maximum amount. Employer’s insurance companies also want to keep costs low, so they may make efforts to minimize payments as much as possible. Some factors that can affect the amount of compensation include:
- Severity of the injury. The insurance company will review the extent of the injury, and whether the worker is temporarily or permanently disabled.
- Where the injury occurred. Sometimes an employer may argue that the injury was sustained before the worker arrived at work, or occurred as a result of a pre-existing condition.
- Necessary treatment. After receiving initial treatment, an injured worker may need continued treatment to fully recover or manage their pain. However, insurance companies may argue that certain treatments are not actually necessary.
What to Do if You Are Partially at Fault
You may still apply for workers’ compensation even if you have partial fault. You may receive some compensation, don’t be discouraged if you have partially contributed to your injury. It is still worth speaking to a lawyer to discuss your situation and explore ways you can build a case so that you can obtain compensation. One thing to be aware of though when you are applying for benefits is that if you have partial fault, the company’s insurance company may still be reluctant to compensate you. If your claim has been denied, discuss your situation with a skilled lawyer and they will be able to help you appeal the decision.
Damages You May Be Able to Claim
When you file a workers’ compensation claim, there are several types of damages that you may be entitled to. Cost of medical treatment, missed wages, reduced earnings capacity, pain and suffering, and emotional distress are just a few of the damages that you might be able to claim. It is best to talk to a lawyer to get a sense of the complete list of damages and their approximate value.
The Purpose of Workers’ Compensation
Workers’ compensation benefits are compensation awarded to workers who have been injured on the job. In many states, companies are required to offer them as part of their benefits package. Workers are entitled to receive these benefits under the law. Employers are not allowed to deny a claim even if the worker partially contributed to the accident which led to their injury.
While it is required for companies to provide these benefits to their workers, getting these benefits is not always easy. It may be a difficult process to obtain compensation. An employer may make the process difficult. They may not accept a worker’s evidence or claim that the injury occurred on site. They may even attribute a worker’s injury to activities outside of work. In some cases, employers may try to reduce the payment distributed to an injured worker.
How Should Employers Handle Workplace Injuries?
When you hurt yourself on the clock, you felt relieved to learn your employer has workers’ compensation insurance. Even then, your company may err in handling your injury and claim, which could require help from a Bristol, TN workers compensation lawyer from the Law Offices of Mark T. Hurt. Here are the steps to navigate a workplace injury from the employer’s perspective.
Create a Plan for Medical Care
If an injured employee needs medical care, employers must arrange prompt transportation. Companies should also think about who must know about the injury and adhere to the latest Occupational Safety and Health Administration standards.
Investigate the Incident
A Bristol, TN workers compensation lawyer should not be the only party who investigates an injured employee’s incident. Employers must do the same, much like a person would after a motor vehicle accident. Specifically, companies should examine the injury site for hazards, interview employees who witnessed the accident and draft incident reports. If employers pinpoint a specific reason for the accident and injury, they should remedy the situation as soon as possible to prevent future incidents and injuries.
Let OSHA Know
If you sustained serious harm, your manager should let OSHA know what happened. Employers have a limited amount of time to report injuries: within eight hours for fatal workplace injuries and 24 hours for inpatient hospitalizations and amputations. Neglecting to notify OSHA could result in an expensive citation.
Consider Leave Possibilities
Even if an injury qualifies an employee for workers’ comp, she or he could also qualify for Family and Medical Leave Act leave. If so, companies must create a leave plan for injured employees according to the latest FMLA regulations. Employers worried about injured employees taking too much time off may consult a properly certified physician’s recommendation.
Sometimes, FLMA does not apply to a workplace accident. If it does not, employers may consider alternative leave possibilities, such as using personal time off or sick days. It may help employees and employers to consult with a legal representative from the Law Offices of Mark T. Hurt.
Provide Reasonable Accommodations
Depending on your recovery, you may require special accommodations when you return to work. Examples of special accommodations include extra breaks, an ergonomic workstation, extended leave or a stool. Companies must be careful about terminating employees with physical restrictions after suffering a workplace accident, as they could find themselves on the receiving end of a wrongful termination suit.
4 Ways a Lawyer Can Help You With Worker’s Compensation
A Bristol, TN workers compensation lawyer can help you with your claim for Worker’s Compensation. There are many things to consider when filing a worker’s compensation claim, including the amount of time that has passed since your injury or illness occurred, the type of job that you were doing when it happened and how much money you make in comparison to what others at your company make. The benefits for an individual who is injured on the job vary depending on their circumstances and location.
- Help You Understand What Benefits You Are Entitled To and How to Apply:
There are many types of benefits that an injured worker may be entitled to, but not all workers are aware of what is available to them. A Bristol, TN workers compensation lawyer can help you understand the process of filing for worker’s compensation, as well as the benefits that you may be entitled to.
- Help You Negotiate With the Insurance Company:
If your claim is denied, your lawyer can help you negotiate with the insurance company to get the benefits that you deserve.
- Help You Appeal a Decision If Necessary:
If your claim is denied or you are not awarded the benefits that you believe you deserve, your lawyer can help you file an appeal.
- Help You Get the Money You Deserve:
An experienced Bristol, TN workers compensation lawyer can help ensure that you get the money you deserve for your injury. They will work to get you the best possible settlement and will also represent you in court if necessary.
If you are injured on the job, it is important to seek legal help. A Bristol, TN workers compensation lawyer can help you through the process and make sure that you receive the benefits that you deserve.
If you think this might be something that could happen to you, contact Mark T. Hurt today!
1. A Lawyer Can Ensure Your Employer Files a Claim
When an injury happens at work, your employer must file a claim with their worker’s compensation insurance on your behalf. While most employers don’t hesitate to do as they should, occasionally, an employer may refuse to file. Sometimes an employer may think the accident didn’t occur at a worksite, or maybe they believe you were at fault, but the law requires them to file a claim regardless of their belief. The insurance company is responsible for determining fault and coverage, not the employer. If your manager refuses to file the paperwork or doesn’t have worker’s compensation insurance, speak with a Bristol, TN Workers Compensation Lawyer. Attorneys from the Law Offices of Mark T. Hurt may be able to get your claim in process.
2. An Attorney Can Help If Your Claim Gets Denied
Occasionally, a claim gets denied by worker’s compensation even when the injury occurred at work. If this happens to you, a Bristol, TN Workers Compensation Lawyer may be able to appeal your case. An attorney can review the documentation, request additional medical records and seek independent medical evaluations to move your case forward. Additionally, an attorney can represent you in court, so you don’t need to appear, and they protect your rights throughout the appeals process.
3. A Lawyer Can Advise You on Your Settlement
After a worker’s compensation case is approved, you may receive a settlement offer from them. Sometimes they may give you different options, such as a lump sum payment versus monthly deposits. Since it’s challenging to determine how much your case is worth, working with a lawyer from the Law Offices of Mark T. Hurt can benefit you throughout this process. If you believe your settlement isn’t enough to cover your injuries, an attorney may be able to reject the offer and request a higher level of compensation.
4. An Attorney Can Help If You Need To File After a Deadline
Sometimes an accident that doesn’t appear to be serious may result in an injury that takes time to develop. For example, a slip and fall may not warrant an immediate trip to the ER; however, you may notice residual back pain over the following months. When you have the proper documentation from the initial accident, a Bristol, TN Workers Compensation Lawyer may be able to ensure your case gets reviewed by the insurance company even if it is past the filing deadline.
Contact a Lawyer for Legal Assistance
If you have suffered an injury at work, you should take action. There is limited time for you to file a claim, and gathering evidence to prepare your case is often a long process. As a worker, you have the right to file a claim. Some people do not follow through with their workers’ compensation claim if it has been denied because they believe that it is too much of a hassle for the effort it takes, requires too many steps, or they don’t have faith that their application will ever be approved. However, with the help of a skilled lawyer who is committed to helping, you can greatly boost your chances of obtaining compensation. Giving up on your claim even after it has been denied is a mistake. Talk to an experienced workers’ compensation lawyer so that you can learn more about your case and receive the legal support that you need.
Take action so that you can receive your rightful benefit amount. Request a free consultation with a workers compensation lawyer trusted by Bristol, Tennessee residents today.
Why You Need Mark T. Hurt as Your Compensation Lawyer
If you get hurt on the job, it’s important to have a lawyer who knows how to navigate your state’s worker compensation system. But most lawyers don’t know this stuff and will just try to settle your case as cheaply as possible.
Worker’s compensation is designed to protect employees from just this situation. But it can be confusing and frustrating if you don’t have an experienced Bristol, TN workers compensation lawyer in your corner to help guide you through the process.
Mark T. Hurt has years of experience helping people like you get through these difficult times and get back to normal life as soon as possible with a fair settlement from their worker’s compensation claim. He will fight for your rights every step of the way so that you don’t have to worry about whether or not you’ll be taken care of financially when things are tough physically and emotionally after suffering a job-related injury or illness.
When you hire Mark T. Hurt as your Bristol, TN workers compensation lawyer, you can rest assured knowing that our team has what it takes to win your case and get the money you deserve! We never back down from a fight because we know how much is at stake when it comes to getting paid what you are owed by an employer who doesn’t want to pay up. Let us take care of everything so all that stress goes away! You won’t regret hiring us – just ask some of our clients!
We know how important it is to find the right person for your case and that’s why we work hard to make sure you get the best results possible. Our team of lawyers has decades of experience in employment law and will fight tirelessly on your behalf.
You don’t have to worry about anything when working with Mr. Hurt because he will handle everything on your behalf so that you never have to lift a finger again! He will fight tooth and nail until justice has been served, even if it means going up against some of the biggest companies around today! Don’t wait another day – call now!