Workers' Compensation

Workers' compensation acts are state-regulated insurance programs that help workers who are injured on the job or suffer diseases related to their occupations. Benefits customarily include weekly compensation to disabled workers; fair hospital, surgical, and medical expenses; and payment of death and burial expenses. Getting a worker back on the job is the goal of most programs.

On occasion, employers and their workers' compensation insurance company disagree on employees' injury claims. When that happens, it's usually best to try to answer questions and resolve disputed issues informally. If that fails, workers have the right to seek legal assistance, and to seek resolution proceedings, which may include reviews, appeals and even arbitration. Because Workers' Compensation is expensive for employers, they naturally monitor claims carefully. Employees often may need an attorney's assistance to obtain fair treatment after a work-related injury.

Am employer terminates benefits

A utility company employee was hurt on the job and received workers' compensation benefits following surgery to repair a shoulder injury. After a year and a half, his employer determined the employee had reached his maximum medical benefits and terminated them. The employer simultaneously notified the employee's private disability insurance carrier that the claim was settled, but also added that it suspected the employee was working elsewhere. The private carrier terminated the contract; the employee ran out of money and declared bankruptcy. The employee sued the utility, alleging bad faith in refusing to pay benefits due on a legitimate workers' compensation claim for intentionally inflicting emotional distress. A jury agreed, and awarded the employee both compensatory and punitive damages.