Friday, 11 December 2015

Can my Workers' Compensation Claim be Denied?

If your employer is required to carry workers' compensation insurance, it is natural that you would expect that you would automatically receive benefits if you sustain an injury or illness on the job. However, many injured workers are shocked when they learn that their claim for medical care or income replacement benefits has been denied. In such situations, an individual must not only worry about their physical recovery but also about how to pay for the necessary medical care and to cover basic expenses if they have to miss work.

Fortunately, a claim denial by your employer or their insurer is not a final decision and does not necessarily mean that you will not obtain benefits. There is a specific process you must follow to appeal the decision with the state workers' comp department,2 however, and the assistance of an experienced workers' compensation lawyer is critical during this process.

The most common reasons for claim denial
The reason behind many workers' comp claim denials is that an employer does not believe the injury or illness was truly work-related. In order to qualify for workers' compensation benefits, your injury must have occurred on the job. Employers often dispute this requirement by claiming the following:

·         Your injury occurred at home or another location outside the workplace;
·         You strayed from your job duties and your injury occurred while you were engaged in activities that were not work-related;
·         Your injury was preexisting.

Presenting sufficient evidence to prove that your injury was work-related can be complicated, but an experienced attorney can help you do so and obtain the benefits to which you are entitled.

Call a Delaware workers' compensation attorney for help today
The last thing you need after suffering a work-related injury is to have your employer or the insurance company dispute or deny y our claim. You will naturally want to pursue and appeal as soon as possible so that you do not face unnecessary financial stress as a result of your injury. At the law office of Zavodnick, Zavodnick & Lasky, our experienced Delaware workers' compensation lawyers have helped many injured workers receive the benefits they deserve. Please call 302-364-6047 to find out how we can help you.

Wednesday, 4 November 2015

Common Causes of Slip and Falls in the Workplace

When you think of a workplace injury, you may think of accidents involving large machinery, motor vehicles, power tools, or other dangerous equipment. However, one of the most common workplace accidents can happen in the absence of any type of equipment and often occurs in office buildings—the slip and fall. There are many potential causes of a slip and fall accident at work, including the following:

·         Liquid spills that are not cleaned up in a timely manner
·         Objects or obstacles in halls or walkways
·         Cords that are not properly secured to the walls
·         Uneven or slippery flooring
·         Worn or torn carpets
·         Overcrowding in work spaces
·         Failure to warn employees of wet floors or other potential obstacles

Though slipping and falling may not seem very serious, victims can sustain serious injuries that can have a huge effect on their lives and can compromise their ability to return to work for some time. These injuries can include:

·         Muscle tears, strains and sprains1
·         Concussions and other types of traumatic brain injury (TBI)
·         Neck or back injury
·         Spinal cord injury (SCI)2
·         Contusions
·         Lacerations
·         Dislocated joints
·         Fractured bones

If you believe you may have sustained any of these injuries, you should seek medical care for stabilization and treatment recommendations. Additionally, you may have to miss work or change job duties if your job requires any physically strenuous activities.

Contact an experienced Delaware workers' compensation attorney for help today

Though most people may not consider a slip and fall accident to be serious, this type of accident can cause many different types of serious injuries that can require medical treatment and time off from work to heal. In such situations your employer's workers' compensation insurer should provide all of the benefits to which you are entitled under Delaware law. At the law office of Zavodnick, Zavodnick &  Lasky, LLC, we have extensive experience helping injured workers obtain the benefits for lost income and medical care that they deserve. Please call today at 302-364-6047 to discuss your case today.

Thursday, 22 October 2015

Workplace Head Injuries can Cause TBIs

Of the millions of workplace accidents that occur each year, a significant number involve injuries to a person’s head. These injuries can occur in any number of accidents, including slip and falls, vehicle accidents, accidents involving work tools, or incidents in which workers are struck by or against objects. Importantly, whenever a person sustains a head injury, there is the potential for him or her to suffer a traumatic brain injury,1 or TBI. These extremely serious injuries can often leave victims with problems that may prevent them from returning to work for a significant period of time – if at all – and also can have an impact on their day-to-day quality of life. For this reason, anyone who sustains a work-related head injury should be certain to talk to a Delaware head injury compensation lawyer as soon as possible.

What kinds of issues can a TBI cause?
A traumatic brain injury is a type of injury that occurs when a person hits or jolts his or her head in such a way as to cause a problem with the way brain function.  The severity of the after-effects of a TBI are generally in direct proportion to the severity of the initial injury, but can often include headaches, sensitivity to light and sound, nausea, and dizziness, even in mild cases. In more severe cases, a person may suffer significant impairment and may develop the following problems:

·         Difficulty concentrating
·         Problems with speech
·         Poor muscle control
·         Issues with comprehension
·         Memory problems

In many cases, these issues have the potential to be long-term and require significant medical and rehabilitative care. In addition, severe TBI victims may be unable to live independently or engage in everyday tasks. For this reason, anyone who has sustained a workplace head injury should protect their legal rights by retaining an attorney immediately.

Contact a Delaware workers’ compensation law firm today to speak with an experienced attorney

Individuals who have sustained serious head injuries resulting in a TBI are often entitled to significant workers’ compensation2 benefits for their medical expenses, a portion of their lost income, temporary disability, permanent impairment, as well as others. To discuss your case with an experienced Delaware workers’ compensation lawyer, call Zavodnick, Zavodnick & Lasky, LLC today at 302-364-6047.

Monday, 28 September 2015

What Benefits can I Receive from the Worker’s Compensation System?

Workers' compensation laws in Delaware1 provide employees in the state with the rights to certain benefits if they sustain an injury or illness while on the job. Potential job-related injuries can range from relatively minor conditions that heal quickly to catastrophic and permanently disabling conditions that prevent a victim from ever working again. Because the type of benefits to which a worker is entitled will depend on the nature and severity of their injuries, every case should be individually evaluated to determine whether the proper benefits are being provided.

Types of benefits
The basic benefits provided through workers' comp include:

·         Health care costs2 including diagnostic evaluation and all recommended treatment
·         Compensation for income lost due to temporary disability
·         Partial benefits if an employee can only return to part-time work or a lower paying position
·         Payments for permanent disabilities and impairments caused by the workplace injury
·         Compensation for disfigurements such as burns, scars, or amputations caused by the injury
·         Payments to the family of a worker who suffered fatal injuries on the job

Workers' compensation benefits are paid by an insurance company hired by your employer. Like other types of insurance companies, many workers' comp insurers seek to avoid liability whenever possible. They may claim to be paying the full amount of benefits available for your case when, in reality, you are entitled to more. In other situations, an insurer may make an error and may not be properly compensating you for lost income and other losses. Settlements for disabilities may also be less you truly deserve. For this reason, it is important to have a skilled lawyer review your case.

Contact an experienced Delaware workers' compensation attorney today
The worker's compensation system can be confusing and many injured workers are not aware of their full set of legal rights under workers' comp laws. You should never simply assume that your employer's workers' compensation insurer will automatically provide the full benefits you deserve and, instead, you should always discuss your case with a qualified Delaware workers' compensation lawyer at the law office of Zavodnick, Zavodnick & Lasky, LLC. We offer free consultations, so it can never hurt to call us at 302-364-6047 for help today.

Monday, 24 August 2015

How can a Worker's Comp Attorney Help Me?

Too many people who suffer injuries or illness on the job believe that the advice and assistance of an attorney is wholly unnecessary in order to obtain workers' compensation benefits. Even after a denial of their claim, many injured workers try to navigate the complicated appeal process on their own or simply accept the denial and stop trying to get the benefits to which they are entitled under Delaware law.1

Consulting with an experienced workers' compensation attorney can help you in a number of ways throughout the process. The following are only some examples of the ways that a workers' comp lawyer can assist you:

Help you file your claim – Though most workers do not seek assistance from an attorney during the application stage, an attorney can assist you in ensuring that your application is completed in a thorough and accurate manner with supporting evidence to improve your chances of an initial approval. If you have a particularly complicated injury that will likely have long-lasting effects, an attorney can help present medical evidence, testimony from vocational or medical experts, and more at a hearing to determine the correct amount of compensation2 for you.

Representing you during the appeal process – If your claim is denied in full or in part, an attorney can help you appeal the decision and can represent you in a hearing. You will have to present specific evidence to demonstrate that the denial was wrongful and a lawyer will understand the types of evidence is necessary to maximize your chances at an approval on appeal.

Negotiate and advise on settlement offers
In many situations, a workers' comp insurer may offer a lump-sum settlement in lieu of continuing benefits. At times, accepting the settlement is a good idea while, for others, a settlement may only be a fraction of the full value of your case. Once you accept a settlement, you lose the right to ever again collect benefits for that particular injury, so you never want to accept a settlement offer without first consulting with an attorney. An attorney can evaluate the true value of your case and negotiate with the insurer to make sure you obtain the full value for your injury.

Anyone who has any questions or issues involving the workers' comp process or benefits should call an experienced Delaware workers' compensation lawyer at the law firm of Zavodnick, Zavodnick & Lasky, LLC at (302) 364-6047 today.

Monday, 25 May 2015