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Workers' Compensation
Let Shaheen & Gordon help you find your way through the
maze of Workers' Compensation Law. Contact Gene DiMariano
or one of our other personal injury attorneys. The phone call
and first consultation are free!
I. Introduction
The Workers' Compensation Law was created to provide basic
benefits to employees who sustain an accidental injury and/or
disease as a result of their employment.
In order for a person to be eligible to obtain Workers' Compensation
benefits, the injury or disease had to "arise out of"
the employment and must have taken place within the "course
and scope" of employment.
The phrase "course and scope" of employment relates
to the time, place and circumstances of the injury. For example
your injury needs to happen during work hours, at work. (There
are numerous exceptions to this general rule.)
The phrase "arising out of" employment relates
to the origin and cause of the injury. Simply stated, something
about your work needs to cause the injury.
Once you have sustained an injury that arose out of the course
and scope of your employment, you are entitled to certain
benefits.
II. The Basic Workers' Compensation Benefits
A. Weekly Indemnity Benefits:
If you are totally disabled from working, you are entitled
to a weekly check from the Workers' Compensation carrier in
the amount of 60% of your gross average weekly wage. We determine
your average weekly wage by reviewing your paychecks for the
last 26 weeks prior to your injury incident.
Please note that there are many variations as to the amount
of money you are eligible to receive on a weekly basis.
B. Payment of Medical Bills:
Medical bills incurred as a result of your injury are paid
by Workers' Compensation as long as such medical services
are reasonable and necessary and are related to the workplace
injury.
Reimbursement for costs of prescriptions or over the counter
medicines or medical devices, and reimbursement for mileage
to and from the medical practitioners' offices may be included
in the benefit.
C. Vocational Rehabilitation:
If, as a result of your injury or illness, you are unable
to return to your usual occupation, you are entitled to receive
help in finding a new job or occupation by way of a private
vocational rehabilitation specialist, paid for by the Workers'
Compensation carrier.
D. Permanent Impairment Award:
If you have sustained a permanent impairment that your doctor
can determine by using the American Medical Association's
Guidelines to the Evaluation of Permanent Impairments, you
are entitled to a certain sum of money based on the extent
of your injury. This award is based on a percentage of your
loss of use of an extremity or organ (eg: eyesight, hearing
losses), in combination with your weekly Workers' Compensation
benefit.
E. Miscellaneous:
There are many other laws concerning statutes of limitations,
return to work, reasonable accommodation, partial disability
benefits, and many others.
Workers' Compensation Settlements
$37,000.00
Factory worker making a gross average weekly wage of $370.00
per week. Injury to right arm.
$18,000.00
Permanent Impairment Award, back injury without surgery.
$24,000.00
Toll taker, N.H. Department of Transportation, Bureau of
Turnpikes; overuse syndrome, right hand
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