Manchester Workers' Compensation Attorneys
Helping Injured Workers in Manchester, NH
When you are injured on the job, you may be entitled to workers' compensation benefits. These benefits can help you pay for medical expenses and lost wages while you are out of work. However, the process of filing a workers' compensation claim can be complex and confusing. At Shaheen & Gordon, P.A., our Manchester workers' compensation lawyers can help you navigate the process and fight for the benefits you are owed.
What is Workers' Compensation?
Workers' compensation is a type of insurance that provides benefits to employees who are injured on the job. In New Hampshire, most employers are required to carry workers' compensation insurance. This insurance is designed to help employees who are injured on the job pay for medical expenses and lost wages.
Workers' compensation is a no-fault system, which means that you do not have to prove that your employer was negligent in order to recover benefits. In fact, you can still recover benefits even if your own negligence caused your injuries. However, you are not eligible for workers' compensation benefits if you were injured while under the influence of drugs or alcohol or if you intentionally injured yourself.
What Benefits are Available?
Workers' compensation benefits are designed to help you pay for medical expenses and lost wages while you are out of work. However, the specific benefits you are entitled to will depend on the nature and severity of your injuries.
Workers' compensation benefits may include:
- Medical Benefits: Medical benefits cover reasonable and necessary medical treatment and related expenses that result from a work-related injury or illness. This can include doctor's visits, hospitalization, surgery, prescription medications, physical therapy, and other necessary medical services. In New Hampshire, employees have the right to select their own healthcare provider for medical treatment, subject to certain conditions.
- Temporary Total Disability Benefits: Temporary total disability (TTD) benefits are provided to employees who are unable to work due to a work-related injury or illness but are expected to recover and return to work in the future. TTD benefits typically provide wage replacement, covering a portion of the injured employee's lost wages. The benefits are generally calculated as two-thirds of the employee's average weekly wage, subject to certain minimum and maximum limits.
- Temporary Partial Disability Benefits: Temporary partial disability (TPD) benefits are for employees who can return to work in some capacity but cannot earn the same wages as before their injury. TPD benefits aim to compensate for the difference in earning capacity. The benefits are typically calculated as two-thirds of the difference between the pre-injury average weekly wage and the post-injury earning capacity.
- Permanent Total Disability Benefits: Permanent total disability (PTD) benefits are provided to employees who have sustained a severe and permanent impairment that renders them unable to engage in any gainful employment. PTD benefits are typically paid at a rate of two-thirds of the employee's average weekly wage and continue for a specific duration or until retirement age.
- Permanent Partial Disability Benefits: Permanent partial disability (PPD) benefits are provided to employees who suffer permanent impairments but are still able to work in some capacity. The specific amount of PPD benefits is determined based on the nature and extent of the disability, as well as statutory schedules and guidelines. These benefits are typically paid as a lump sum or through periodic payments.
- Death Benefits: Death benefits are available to the dependents of workers who have died as a result of a work-related injury or illness. The benefits can include compensation for funeral and burial expenses and ongoing financial support for the deceased worker's dependents, such as surviving spouse, children, or other eligible family members. The amount and duration of death benefits vary depending on the individual circumstances of the case.
How Long Do I Have to File a Workers' Compensation Claim?
In New Hampshire, injured workers have two years from the date of the injury or the date they became aware of the injury's relationship to their work to file a formal workers' compensation claim. This means that you must submit your claim within this two-year period to be eligible for benefits.
What to Do After a Workplace Accident
If you are injured on the job, it is important to take the right steps to protect your health and your right to recover workers' compensation benefits. Here are some steps you should take after a workplace accident:
- Report the accident to your employer. You should report the accident to your employer as soon as possible. If you fail to report the accident within 30 days, you may lose your right to recover benefits.
- Seek medical attention. You should seek medical attention as soon as possible after the accident. Even if you do not think you are seriously injured, you should still see a doctor. Some injuries may not be immediately apparent, and a doctor can help you identify and treat these injuries.
- Follow your doctor's orders. You should follow your doctor's orders and attend all follow-up appointments. If you fail to follow your doctor's orders, the insurance company may argue that you are not as injured as you claim.
- Keep a record of your medical expenses and lost wages. You should keep a record of all your medical expenses and lost wages. This can help you prove the value of your claim.
- Do not give a recorded statement. The insurance company may ask you to give a recorded statement about the accident. You should not give a recorded statement without first talking to a lawyer. The insurance company may try to use your statement against you and argue that you are not as injured as you claim.
- Do not sign anything. The insurance company may ask you to sign a medical release or a settlement agreement. You should not sign anything without first talking to a lawyer. The insurance company may try to use your signature against you and argue that you are not as injured as you claim.
- Talk to a lawyer. A lawyer can help you understand your rights and options and guide you through the process of filing a workers' compensation claim. A lawyer can also help you gather evidence, negotiate with the insurance company, and represent you in court, if necessary.
Why Choose Shaheen & Gordon, P.A.?
Whether you need assistance filing a workers' compensation claim or your initial claim was denied, Shaheen & Gordon, P.A. understands what it takes to secure your entitled benefits.
Our team can help you with all aspects of your workers' compensation claim, including:
- Filing your claim
- Investigating your accident
- Gathering evidence
- Negotiating with the insurance company
- Representing you in court, if necessary
Our team has extensive experience handling workers' compensation claims and can help you understand your rights and options. We can guide you through the process and help you make informed decisions about your case. We know how to negotiate with insurance companies and can fight to help you recover the compensation you need to make the best possible recovery from injury.