I've been injured on the job. What do I do? Workers' Compensation Information
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Transcript of I've been injured on the job. What do I do? Workers' Compensation Information
Examples of potential work injuries:
Getting into an accident while driving for work
Being hit by a negligent driver
Falling on a loading dock
Hurting your back picking up a box
Pain in your knees, hips, back or shoulders from doing
the same job every day for 30 years
How does the workers’
compensation system work?
First you give notice of the injury to your employer.
As soon as you are injured on the job, you should report your
injury, even if the injury does not cause you to miss time from
work.
Second and most important, see your own
doctor! (Whomever controls the medical controls
your destiny!)
Call an attorney experienced in workers’
compensation matters.
What should you do if you believe
you have suffered a work injury?
How long will it take for me to get paid?
What amount do I get paid?
How long can I get paid workers’ compensation
benefits?
Can I receive unemployment while I’m getting
workers’ compensation?
After suffering a work injury, you
may be wondering:
Even if your case has been denied, you must
continue to see your doctor.
See a qualified attorney.
Make sure your attorney specializes in workers’ compensation
only. Find out how many years of experience your attorney has.
Consider filing for unemployment.
What if my case is denied?
Continue to see your doctor.
Make sure all of your injuries have been
recognized.
You may also have psychological injuries due to your work
injury.
Make sure you are receiving the right amount of
compensation.
Is it a permanent or temporary acceptance?
Find out if you can apply for Social Security
disability.
What if my case is accepted?
If so, when?
How much?
Can I get a lump sum settlement when I’m on SSD?
Do I have to settle my own medical?
Can I collect Social Security retirement while on
workers’ compensation?
Can I collect a disability or retirement pension while on
workers’ compensation?
Can I get a lump sum settlement?
Do not sign any document presented by your
employer until it has been reviewed by your attorney.
If I return to work, does my medical stop?
What if I’m not making as much money?
What if I can’t continue or get injured again?
What if I return to work?
No fee unless you win your case.
You should never be charged a fee unless an attorney is
successful in representing you.
You should not have to pay an initial consultation fee.
By court order, an attorney can only charge up to 20% of the
settlement amount.
Case Strategy - Life Strategy
A good attorney will not only put together a strategy to win your
case, but they will put you on a better path in life.
What does an attorney do and how
do they get paid?
Disability is not an entitlement
or a handout…
YOU PAID INTO THE SYSTEM!
6.2% of every paycheck you receive goes into the Social
Security system and
Of that 6.2%, a majority goes to the Social Security
retirement fund a small amount is placed in the disability
trust fund.
You bought a private (disability) insurance policy!
You can receive Social Security
disability at any age… but age matters
Any worker, no matter what age, is eligible for Social
Security disability benefits.
You must consider applying for Social Security
disability benefits if you are out of work due to a medical
condition that is either physical or mental.
Why age matters…
For union members under 50 years old, you can
receive SSD if your medical conditions cause you to
stop performing your job AND preclude you from
performing any sedentary (sit down) job in the national
economy.
For union members over 50 years old, the rules are
more relaxed. You simply have to prove that your
medical conditions keep you from performing the job you
have done for the last 15 or more years.
Are you retired or close to retiring?
You can receive your FULL PENSION and Social
Security disability benefits at the same time!
Even if you retired within the past 5 years and you
have medical conditions that cause pain or problems, you
are eligible and should apply!
Many of your retired members are missing out on up
to an additional $2300.00 per month in SSD benefits.
You do not need to be bedbound
to be eligible
A union worker can receive Social Security disability benefits for any medical condition that keeps he/she out of work, including:
Herniated discs, back pain, neck pain
Shoulder issues
Bilateral knee pain
Carpal tunnel
Diabetes
Migraine headaches
Depression
Cancer
Your conditions do NOT have to be work-related!
Social Security disability benefits are
not permanent or temporary
You can receive SSD benefits for as long as you need
them.
As long as you are out of work, the benefits will continue.
If a union member is found disabled, the member can
return to work at ANY time without penalty or problem.
Receiving SSD benefits now is not a life sentence of
disability.
Why you should apply for Social
Security disability:
1: It does not cost anything to apply.
2: There is nothing to lose, nor will it affect your union
pension at all.
3: If you hire an attorney, the attorney only receives a fee if
you win and only a one-time fee of 25% of your retroactive
benefits. There is NO FEE from your monthly checks.
File your application
Be prepared to discuss all of your problems, both physical and
mental, and list all of your treating doctors. The application takes
only 30-45 minutes to complete and it is sent electronically to
Social Security.
Once filed, Social Security will contact your doctors and
review your medical records. This step takes approximately 4
months. (70% are denied here, but those over 50 years old have a
better chance of success!)
If you are denied, we will file an appeal and take you before an
Administrative Law Judge. You may wait 12 months or more for a
hearing, so do not delay if you are disabled.
HOW TO APPLY