If you have any questions such as the ones below, call us.  If you are not able to find the answer to your question below, we would be happy to answer them for you:

• Can my previous Employer enforce a Non-Compete Clause that was in my contract?
• Can an Employer’s customers be contacted by a former Employee?
• Why would I file a Worker’s Compensation claim if I am not entitled to recover for pain and suffering?

Injuries that occur in the work place result in lost wages and medical expenses.  Sometimes these losses and expenses can be significant and can increase well into the future.  While pain and suffering is not recoverable, injured employees are entitled to the recovery of all medical expenses, and indemnity for future lost wages. If rendered disabled, or unable to work, an experienced attorney will help you obtain a “catastrophic” designation entitling you to lost wages for the indefinite future. Without this designation, employees are subject to caps on the amount of lost wages they can recover, depending on whether the disability is temporary or partial permanent disability. These entitlements are time-sensitive and an attorney will ensure that these statutory guidelines are met.  Without an attorney, employees are at a disadvantage when dealing with insurance companies and their adjusters who may take advantage and minimize the award given or the medical attention given.  By consulting with an experienced workers’ compensation attorney, you can assure you receive  the best medical care available and maximize your recovery of lost wages.

• If I do not like the results my current attorneys are getting me, can I fire them and hire your law firm?

You have an absolute right to hire any lawyer you’d like.  It is, after all, your constitutional right.  Having said that, your current lawyer has a familiarity with your case that no one else does, It would be wise to meet with your attorney and have things explained to you before you abruptly hire another law firm.  It is also important to note that worker’s compensation claims are “rules” driven and the benefits you receive greatly depend on your injury and your future outlook.  Insurance companies are adversarial to your claim and pressure settlements that you might not be happy with.  An experienced attorney can help guide and advise you to make the best decisions for yourself even if you don’t like them.  If you can’t resolve your differences with your current attorney, however, then by all means consult with another attorney.

• Can an injured worker get fired for filing a worker’s compensation claim?

If you are a union member or have an employment contract, your rights are dictated by your agreement. If you are not under contract, then you are considered to be an “at will” employee and the Workers’ Compensation Act will not protect your job. However, if your employer terminates your employment while your doctor has restricted your ability to work but has not yet cleared  or released you to return to work, your compensation benefits should continue.  A presumption then arises that your injuries were work related (which can sometimes be a hurdle for the employee) and can provide you leverage with the insurance company to offer a better settlement for your injuries than they would have otherwise.

However, depending on your particular situation, the Family Medical Leave Act, the Americans With Disabilities Act, and employment laws all provide certain protections and consulting with an attorney is highly recommended.  It is possible that you may have some protections or causes of action that an experienced attorney could pinpoint.