Lewis & Lewis, P.C.

Introduction

Part 1: The Workers' Compensation Process

• How do I know if I Have a Workers' Compensation Claim?
• How Do I File a Workers' Compensation Claim?
• Is There a Time Limit for Filing My Claim?
• What Benefits Am I Entitled To?
• Independent Medical Examinations
• The Hearing Process
• After the Hearing – Decisions, Payments and Appeals
• Finalization of a Workers' Compensation Claim
• Attorneys' Fees

Part 2: Special Issues In Workers' Compensation

• The Special Funds Conservation Committee
• Workers' Compensation Fraud
• Voluntary Withdrawal From the Labor Market
• Actual Reduced Earnings
• Sources of Additional Benefits
• Lawsuits
• Workers' Compensation Death Claims
• Conclusion
• Frequently Asked Questions

LAWSUITS

In most cases, you cannot sue your employer for an injury at work. Workers' Compensation is your exclusive remedy, and only provides for lost wage and medical benefits. You will not receive money for pain and suffering in a Workers' Compensation case. This does not mean that it is impossible to have a lawsuit related to a Workers' Compensation case. If there is a third party involved in causing your accident, you may have a case against that party.

Here are some examples:

1. Joe is employed by the X Roofing Co. While he is working on the roof of a building owned by Y Corporation, he falls to the ground and breaks his legs. Joe will be entitled to Workers' Compensation benefits from X Roofing Co., but he may also sue Y Corporation and collect damages beyond those covered by Workers' Compensation.
2. Sue is a saleswoman for A&B Company. While driving to a sales meeting she is rear ended by Bob and suffers serious injuries. Sue can receive compensation benefits from A&B Co. and file a third party lawsuit against Bob. She should also file for no-fault benefits. (See p. )
3. Steve is a deliveryman for The Store. While delivering a television to an apartment building, he trips and falls on a broken step. Steve should file a compensation claim against The Store, and may be able to file a lawsuit against the owner of the apartment building. It is important that you let us know all the facts and circumstances of your accident so we may determine whether you have a third party lawsuit. We carefully screen all compensation cases for the possibility of a third party suit. If there is a valid third party claim we will take all action necessary to protect your interests.