Kingsport Workers Compensation Lawyer
Kingsport Workers Compensation Lawyer
If you’re a Virginia worker injured on the job, you should contact a Kingsport workers’ compensation lawyer. Workers’ compensation benefits are distributed to employees who have sustained an eligible occupation-related injury or illness. Suffering an injury can result in days, weeks, or months off work. The lack of financial security is an additional issue to deal with. If you have filed a workers’ compensation claim, you want to make sure you do everything you can to maximize your benefit amount. You may be entitled to workers’ compensation benefits.
Here are the steps you should take after getting injured:
Tell Your Employer About Your Injury
To qualify for workers’ compensation benefits, you have to report your injury within a certain amount of days after the accident. Some people don’t report their injury right away because they don’t think much of their injury or notice it until days later. Be upfront about your injury to your employer and explain how it happened. Even if you don’t feel too badly hurt, you should still tell your employer as soon as possible. Submitting a report promptly strengthens your case and prevents accusations that you were not seriously injured. Seemingly minor injuries can worsen over time, so taking action early can minimize your medical costs and ensure that you will recover faster. Let your employer know how the accident happened and where and when it occurred.
Get Medical Attention
No matter what type of injury you’ve sustained, you should see a doctor promptly. Your employer will likely give you a list of doctors you can see. You might have to see only an approved doctor if you suffered an injury on the worksite. If you see a doctor not on the approved list, your claim may not be approved. During your first appointment with your doctor, explain how the accident occurred and the symptoms you have experienced thus far. It helps to obtain photos of your injury on the day of the accident to support your claim. After giving you a physical examination and running the necessary tests, they will recommend the appropriate treatment.
If you wait too long to seek medical care, you could put your health at risk and jeopardize your chance of receiving workers’ compensation benefits.
Follow Your Doctor’s Orders
It is essential to follow your doctor’s recommended treatment plan, as it can hurt your claim by neglecting to follow the doctor’s specific orders. For instance, if you suffered a neck injury at work, your doctor may suggest physical therapy. As a Kingsport workers compensation lawyer can confirm, you could lose your right to workers’ compensation benefits if you stop your treatment too early. If you opt for an alternative treatment method, it can damage your claim. If you aggravate your injury by doing activities or tasks you ordered not to do while recovering, your claim may get rejected. On the other hand, if you’re not satisfied with the medical care you’re receiving, you can get a second opinion.
What State Law Says About On The Job Injuries
Different states have different time limits for submitting your claim and telling your employer about your injury. If your injury occurred in Tennessee, then you have 15 days to report your injury. However, if your injury happened in the state of Virginia, then you have 30 days to report your injury from when it occurred. It is crucial to remember these timelines as they may help or hinder your case for a workers’ compensation claim.
It is better to submit your claim well before the application deadline. You do not want to be in a hurry at the last minute to double-check that your information is correct. No matter how complex your workers’ compensation application is, you can rely on a top lawyer to help you navigate the process. They will be there to support you and answer any of your questions. A Kingsport workers compensation lawyer can provide you with even more details regarding deadlines, proof of injury, and more from The Law Offices of Mark T. Hurt. Contact us today for a consultation if you have incurred an on-the-job injury, as our attorneys are ready and willing to hear your case.
According to the Bureau of Labor Statistics, there were 2.7 million workplace-related illnesses and injuries in the U.S. in 2020. If you were one of the unlucky workers, you might have questions. Here are some of the answers.
Call The Law Office of Mark T. Hurt
If you need a lawyer to stand by you and advocate for your recovery after a recent workplace accident, then all you have to do is call or email us as soon as possible. A Workers Compensation Lawyer in Kingsport from The Law Offices of Mark T. Hurt is ready to take your call.
Common Workers Compensation Injuries
Workers’ compensation can cover many different injuries sustained while on the job. Note that not all injuries are eligible for workers’ compensation. For example, injuries or illnesses have developed due to an existing condition. If you are not sure whether your injury qualifies for workers’ compensation, you may want to speak to a lawyer, and they can evaluate your case. The list of possible injuries on the job is incredibly long, but a few are more common and noteworthy than may have happened to you.
- Slip and Fall – This is one of the most common on-the-job injuries. It could occur at many jobs when certain chemicals may have spilled and were not cleaned up, leading to a slip and fall. A slip and fall can happen unexpectedly. Slips and falls could lead to broken bones, bad bruises, cuts, other bodily injuries, and even brain damage in the most severe of accidents. Always be mindful of chemicals or water that could cause a slip and fall. In slip and fall cases, employers are liable if they failed to clean up a hazard properly or did nothing to eliminate a hazard. If you have slipped and fallen at work, a Kingsport workers’ compensation lawyer can assist you with your claim.
- Machines, Vehicles & Equipment – Anytime someone operates a heavy machine or a vehicle, there is a chance of an injury. This is due to human error most of the time and could also come down to poor maintenance or even a manufacturer error that led to a malfunction. Sometimes lack of proper training to use the machines or equipment can result in an injury. Heavy machinery and industrial equipment can cause severe and devastating injuries. These injuries can cause extensive damage to a person, including broken bones, brain injuries, loss of movement in certain limbs, and more, depending on the severity level. If you have been injured by a malfunctioning machine or the negligence of another worker, then The Law Offices of Mark T. Hurt can help you out with your case.
- Overusing Certain Muscles – This injury is one of the most common in office jobs. Most people assume that office jobs are easy and unlikely to get injured, but this is not the case. Office workers operating computers for long hours keep their bodies in similar positions for hours at a time. They may be exhibiting poor posture for long hours and tensing their muscles when using phones and computers. Tasks that involve repetitive motion are one of the top causes of workplace injuries. They can cause strain on the muscles and decrease performance over time. Overexertion of muscles and other parts of the body puts the worker at risk of sustaining an injury. Over time, all of these things that a worker does repetitively can cause injury and damage to muscles.
- Workplace Violence – This is not as common as some other injuries, but unfortunately still does occur. A worker and you may disagree and decide to take violence against you that could lead to injury. A worker may disagree with a company decision or have a personal dispute with another worker. Conflicts can develop if the dispute or issue is not appropriately settled, triggering an intense emotional reaction. Contact a Kingsport workers compensation lawyer if this has happened to you, as it may be possible to have a claim for this type of occurrence as well.
Hire a Workers Compensation Lawyer
If your workers’ compensation case is relatively simple, you may be able to handle it independently. However, if there are complexities in your case, hiring an experienced workers’ compensation lawyer is worth it. For instance, if your employer has denied your claim, a lawyer can help you file an appeal and improve your chances of getting approved the second time. It is risky to take on incredibly complex cases on your own when you do not have the legal knowledge to inform your decisions.
If your employer has retaliated against you in any way for filing for workers’ compensation, it’s also necessary to consult a lawyer. Retaliating against an employee for filing for benefits is illegal, and your lawyer will protect your rights.
If you need assistance with your workers’ compensation claim, you should schedule a consultation with a Kingsport workers compensation lawyer from The Law Offices of Mark T. Hurt today!
Timing is Everything, Know When You Need Help
Contacting our Kingsport workers’ compensation lawyer may be one of your top priorities after an injury that happened while at work. While people typically think of work accidents as something that only happens in more dangerous jobs, know that even office jobs can result in accidents. Injuries can range depending upon the accident and might include:
- Chemical Burns
- Head Injuries
- Slip and Falls
- Exposure to Hazardous Materials
- Fractured Bones
- Back Injuries
Workers’ compensation is an insurance benefit offered to employees who were injured while at work. It can cover a portion of lost wages, medical bills, and disability benefits, to name a few. In exchange for accepting these benefits, victims typically waive their right to take legal action against their employer. However, despite this, be aware that you may still want to reach out to The Offices of Mark T. Hurt. Our team of experienced professionals will be able to review your case and determine whether you can take any further recourse. Here are some key indicators that may trigger the need for legal representation following an injury:
#1. You Have a Pre-Existing Condition
A pre-existing condition is when a person has an injury or ailment that did not occur in the workplace. An accident may sometimes happen in the workplace, thus exacerbating a prior injury. For example, if you have a back injury from a car accident and are further injured while conducting your work, your case may be intensely complicated. Legal guidance and support from our Kingsport, Virginia workers’ compensation lawyer will be critical.
#2. Your Workers’ Compensation Claim Was Denied
Claim denials are frustrating, especially when you depend upon the benefits that workers’ compensation insurance provides. A lawyer will play a key role in reviewing the denial letter, contacting the insurance company to understand why the claim was denied, and managing the appeals process if necessary.
#3. Your Employee Retaliated Against You
EEO law was passed under The Civil Rights Act of 1964 and protects applicants and employees from discrimination in the workplace. Retaliation is a form of discrimination that occurs when employers treat employees unfairly. Retaliation includes fewer work hours, pay cuts, job loss, and unfair treatment. Unfortunately, some employers may resort to retaliation after the employee files a workers’ compensation claim. If this is the case, your first call should be to a lawyer.
#4. You Have a Third Party Claim
Although you may have been injured while at work, some claims may have been the fault of another third party. Workers’ compensation is a no-fault system, meaning, once you accept workers’ comp, you waive your right to take legal action against your employer. However, despite this, if your injuries were the result of a third party, you may have the ability to take legal action against them for your losses.
Speak with Our Team of Professionals
Consulting with a lawyer from The Law Offices of Mark T. Hurt can be advantageous if you have experienced injuries in the workplace. Our team will provide guidance and work out the best way to move forward with your case. Workers’ compensation cases take on many forms, and they can quickly become complicated. We are here to help protect your rights and navigate the process. Schedule a consultation with our Kingsport workers’ compensation lawyer before it’s too late.
Why free consultations with your Kingsport worker’s compensation lawyer are important
We all know that when it comes to legal issues, the only thing we can be sure of is uncertainty. With so many different laws and regulations in place, there are countless things you could do wrong without even realizing it. That’s why consulting with a lawyer is so important. They’ll help walk you through your options and what consequences they may have for you if any – giving you peace of mind about your decision-making process.
A free consultation with a lawyer is an important part of the legal process. It allows you to ask any questions that you may have and get information about your situation without committing to anything. The attorney can also answer any questions that may arise during the meeting, such as how long it would take for your case to reach trial. A consultation will allow you to make an informed decision about whether or not this particular attorney is right for your needs.
Mark T. Hurt offers free consultations, so there are no obligations or fees until we win your case! That means if we don’t win, then there won’t be any legal fees either. It doesn’t matter whether or not someone else was responsible for causing your accident – our team will fight hard on your behalf and make sure that justice is served.
Let us take care of everything for you so that you can focus on what matters most in life, not something as trivial as filing paperwork or dealing with medical bills from an injury. Call today for a free consultation!
Recognizing Stress Injuries Sustained on the Job
A Kingsport workers’ compensation lawyer knows that not all injuries are sustained in isolated accidents. Sometimes, injuries develop over time through the repetitive overuse of one area of the body. This kind of accident is known as a repetitive strain injury. Repetitive strain injuries affect the muscles, tendons, ligaments, and nerves throughout the body.
Suppose you are suffering from a repetitive strain injury from conditions in your workplace or the demands of your job. In that case, you could be entitled to receive monetary compensation for your damages associated with the injury through a workplace injury claim. Damages you can collect for this type of claim include:
- Compensation for your medical bills.
- Your lost wages due to time off to recover.
- Intangible expenses associated with the injury
Symptoms of a Repetitive Strain Injury
The symptoms of a repetitive strain injury may start out gradually but eventually, become severe enough that the injury begins to interfere with the worker’s day-to-day life. Common signs of a repetitive stress injury include stiffness of the muscles, cramping, and a feeling of pins and needles in the affected area. And, of course, there is also the pain.
It is essential not to put any additional pressure on the area whenever you feel these symptoms. You should also document the pain or other symptom(s), including the date and time it occurred. This log could eventually become a critical piece of evidence your Kingsport workers’ compensation lawyer can use should your employer or their insurance company dispute the injury and try denying your claim.
Preventing Repetitive Strain Injuries
The best way to prevent a repetitive strain injury is to take small precautions during your workday that keep you from putting too much stress on any particular body part. If you work at a computer, using an ergonomic chair and desk setup and taking regular breaks to walk around can reduce your chance of back or wrist injury.
If you lift and carry heavy objects at work, wear a back brace to support your back. Avoid lifting objects that are too heavy for you to carry comfortably. Practice team lifting and lifting from the knees, rather than the back, to reduce your chance of injury.
It is also important to note that employers should take the appropriate steps to ensure that employees are afforded as much protection as possible in preventing these injuries.
Call Our Office Today
If you are suffering from a stress injury due to the conditions present in your workplace, consider working with an experienced workers’ compensation lawyer in Kingsport. Call The Law Offices of Mark T. Hurt to schedule a free and confidential consultation and find out what type of benefits you may be entitled to.
Common Questions About Workers’ Compensation Cases
Kingsport workers’ compensation lawyers frequently represent employees who have been injured on the job and have witnessed firsthand the impact such an accident can have on a person. Workers’ compensation is insurance that is required for most employers across the country. This benefit provides those who have been injured in the workplace with the ability to access medical care, a portion of lost wages, job retraining, and disability benefits. These benefits are mutually beneficial for both the employee and employer because in exchange for accepting workers’ compensation, employers are protected from potential legal repercussions. Injured victims will undoubtedly have questions over how to move forward after an injury, and with The Law Offices of Mark T. Hurt, victims can have their questions answered and clear direction for moving forward with their case.
What is workers’ compensation?
Workers’ compensation insurance is to protect businesses and workers from financial loss if an employee was to be hurt on the job or becomes ill due to the workplace. It protects employers from paying out in expensive damages that could drain a company. When a worker’s compensation claim is being handled, fault is not usually the primary focus. However, a worker’s claim may be denied if any of the following factors are true:
- A worker purposefully injured themselves to recieve benefits
- A worker was under the influence of drugs or alcohol at the time of incident
- A worker was not at the job site nor traveling for work when the injury accident happened
- A worker did not notify their employer about the accident within a certain period of time
- A worker had lied or exaggerated the extent of their injuries
What do these benefits cover?
The type and degree of benefits awarded to an injured worker will vary depending on the accident itself. Before an injured worker receives benefits, the insurance company will assess factors of the accident, severeity of injury, and more. Then benefits will be awarded based on this calculation. But as your Lawyer for Kingsport Workers Compensation claims may warn, sometimes a company may try to save money by giving the employee less than what is needed to be fully covered. If that is the case for you or a loved one, then it is recommended that you contact our law firm right now for assistance.
What is not covered under workers’ comp?
Workers compensation benefits can help safeguard businesses and their employees at the same time, but there are situations when a job injury is not covered under the program. The laws vary by state, but here are a few examples of what many workers compensation plans fail to cover:
- Injuries sustained because an employee initiated a fight with a coworker
- Injuries sustained because an employee was intoxicated on shift
- Injuries an employee purposely inflicted on themselves
- Injuries of mental trauma that aren’t related to workplace incident
Will Workers’ Compensation Cover an Illness That Arises From My Job?
If you become ill due to doing your job, workers’ compensation should cover the costs related to that illness. For example, if you develop lung damage after inhaling the fumes of dry cleaning chemicals, you may be entitled to recover benefits. The same is true of mechanics and auto exhaust. A Kingsport workers compensation lawyer at the Law Offices of Mark T. Hurt can help you determine whether your illness is eligible for workers’ compensation.
If the Accident Was My Fault, Can I Still Get Workers’ Compensation?
Part of workers’ compensation is providing benefits for workplace-related injuries without assigning blame. That being said, workers’ compensation isn’t going to cover self-inflicted injuries that resulted from fighting or horseplay or that occurred if you were drunk or on drugs. If you think your employer’s insurance company is unfairly denying you a payout, talk to a Kingsport workers compensation lawyer at the Law Offices of Mark T. Hurt today.
Will My Employer Give Me My Old Job Back?
Depending on the length of your injury recovery, your employer may have had to hire someone to do your old job. When you’ve recovered, your employer is not required to fire that person to return your old job. They do have to give you the next available job you’re qualified and physically able to do, though. If you’re not able to do that type of work anymore, they may have to pay for vocational rehabilitation to help get you trained for a new line of work.
Can I See My Own Doctor for a Workers’ Compensation Injury?
The short answer is, it depends. Different states have different laws about whether you’re required to see the doctor your employer’s insurance company prefers or not. Some say you can see whatever doctor you want under any and all circumstances. Some say you can see the doctor of your choice only after a visit with the company’s preferred doctor. Some say you must see the company’s doctor for all care related to your workplace injury. Your Kingsport workers compensation lawyer can help you understand the laws in your state.
What initial steps should be taken after an injury?
There are a few critical steps that employees should take in the wake of a job-related injury. Typically, injured victims are in desperate need of the benefits that workers’ compensation can offer, which is why taking the proper steps immediately after is essential. After an accident, the injury should immediately be reported to a supervisor in addition to ensuring that an accident report is completed. Next, victims should immediately seek treatment from a medical professional to provide proper treatment and diagnosis. These crucial first steps can help prove the extent of injuries and that they occurred while engaging in work-related activities.
How often do injuries happen in the workplace?
Our Kingsport workers’ compensation lawyer shares that, according to OSHA, in 2019, 2.8 of every 100 workers were injured while at work. There are many ways that an employee can sustain injuries in the workplace. While workers employed in hazardous professions have a higher likelihood of sustaining an injury, it’s important to note that even office jobs can result in accidents.
How can an employer mitigate injuries in the workplace?
Employers must make efforts to reduce the risk of injuries in the workplace. Hazards must be reported and corrected, job safety training should be conducted, and a clear procedure should be in place if an accident occurs.
What is a third-party claim?
Despite accepting workers’ compensation benefits, it may still be possible to hold a negligent party accountable for their actions. After careful examination of the accident, it may be discovered that the accident also occurred because of the actions of another. For example, if a person was driving for their job duties and was hit by another, it may be possible to take legal action. The specifics of these nuances can be difficult to pinpoint by anyone other than a trained legal professional, which is why it’s beneficial to seek consultation from a lawyer.
The Law Offices of Mark T. Hurt offers more than 25 years of experience to injured workers in need of legal protection. Our team aims to put the rights of accident victims first, and we will work tirelessly to achieve the best outcomes possible for our clients. Don’t hesitate to get started with our Kingsport workers’ compensation lawyer to learn more about how our team can help.
COVID-19 changed the way we work, and although vaccines have been issued to keep us protected, there is still the very real threat of falling ill with the coronavirus. While many people switched to remote work (either temporarily or permanently), others had to continue clocking in at the office or job site like nothing happened. If you didn’t have the luxury of working from home, you were in danger.
If you caught COVID at work, you could be entitled to financial compensation. COVID-19 is a life-threatening disease, and even if you’re vaccinated you could end up in the hospital – or worse. A COVID-19 diagnosis is expensive, stressful, and frightening. But fortunately, with the help of a Kingsport workers compensation lawyer, you can get the money you need to keep yourself afloat.
COVID-19 doesn’t need to turn your life upside down. Read this brief FAQ to learn a little more about COVID in the workplace, and see how a qualified lawyer from The Law Offices of Mark T. Hurt can help.
Why Should I Pursue Compensation?
If you caught COVID in the workplace, you got it in one of two ways. Either your employer was dedicated to your safety, and followed every CDC recommendation to keep you from getting COVID, or your employer was completely negligent and failed to keep you safe in the first place. In either of these cases, you should pursue compensation to cover for your medical bills and lost wages, as well as any other financial obligations you need to stay on top of (such as your rent, mortgage, or car payments).
What if My Employer Was Trying to Keep Me Safe?
If your employer took steps to keep you safe, you can still file for workers’ compensation if you caught COVID on the job. However, this is a bit of a tricky process: You have to prove you caught COVID while at work (or while performing work-related duties elsewhere). You’ll also have to prove when you caught COVID, and show that it happened on company time. It can be a headache, but it’s a path to compensation that can keep you afloat until you’re able to return to the job.
What if My Employer Was Negligent?
On the other hand, if your employer failed (or just plain refused) to provide any protective measures against COVID, you could have a lawsuit on your hands. Your employer has a responsibility to keep their employees safe, and by neglecting that responsibility, they indirectly contributed to your illness. It’s possible to sue your employer for gross negligence, but it’s always best to contact a lawyer to see whether the fight is worth it.
How Can a Workers’ Compensation Lawyer Help Me?
Getting COVID is a scary experience, even though we have a greater understanding of the virus. It’s essential for employers to keep their employees safe, and whether you caught COVID due to their negligence or you were just unlucky enough to catch COVID despite all the safety measures possible, you can count on a lawyer to walk you through how you can get the compensation you need.
Can I just take my employer to court to get my settlement quicker?
A workers’ compensation lawyer in Kingsport, Tenessee knows that before taking your employer to court, you are required to try to settle outside of court first. If you and your employer settle your workers’ compensation benefits outside of court, it is important to know that you will not be able to pursue action against them in the future by going to court for this claim. Additionally, it is important to understand that when you settle your claim, your employer will be paying for past medical expenses. Thus, if you still have future treatments, these will be paid by you and not your employer. If you know that you have more medical expenses in the future, like surgeries or months of physical therapy, speak with your lawyer about keeping your medical rights open after your claim is settled.
When my employer’s insurance and I settle the claim, is that final?
While both parties need to come to an agreement, the Bureau of Workers’ Compensation is the one that will get the final say when granting the settlement. The judge in charge of your case will either accept or reject the settlement.
Why Hire Mark T. Hurt as your Kingsport Workers Compensation Lawyer
When you or a loved one is injured on the job, there are many important decisions that need to be made. You need to know how much money you will receive for medical bills and lost wages. You may also have questions about workers’ compensation benefits, Social Security disability claims, and long-term care coverage. With the help of Mark T. Hurt as your Kingsport Social Security Disability Lawyer, you will have someone on your side that is dedicated to helping you get through this challenging time in your life.
The Law Offices of Mark T. Hurt is a law firm that specializes in Workers Compensation Law, including the following: Workers Compensation Dispute Resolution, Workers Comp Injury, and Occupational Disease, and Workers Comp Arbitration. We have been helping people with their legal needs for years!
Our goal is to help our clients maximize their benefits and minimize their risks. You can trust us to be there every step of the way – from filing paperwork through settlement negotiations and court actions. We know how important it is to have someone on your side at this time in your life, which is why we do everything possible to make sure our clients get exactly what they deserve out of their claim against an employer who was negligent or careless with their health and safety.
No one wants to get injured on the job. However, you need to know that you have someone fighting for your rights when it does happen. Mark T. Hurt is a Kingsport workers compensation lawyer who will make sure you get the benefits you deserve. With years of experience and a dedication to his clients, Hurt has the knowledge and passion for getting the job done. Don’t go through this challenging time alone – contact Hurt today!