FAQs Archive - Guest & Brady

Q: Q: My employer told me he did not carry insurance and could not help me.

A: A claimant should definitely not accept this as an answer. There are too many occasions when injured workers do receive compensation when the employer failed to purchase insurance. In this case, the injured worker must consult an attorney at our firm. Depending on the specific facts of your particular case, insurance or other funds may be available to pay for compensation for the claim.

Q: Q: I can trust my employer to do the right thing for me.

A: There are good employers no doubt. However, the problem is that employers don’t actually manage the injured worker’s claim. A private insurance company or claims management company is the group that actually manages your claim. They are highly trained and focused on how to reduce the amount of benefits that they will pay to an injured worker. They do not have the same care, compassion or relationship to the injured worker as the direct employer. The injured worker really needs an advocate, like an experienced workers compensation attorney, arguing on behalf of the injured worker against the trained insurance professionals. Also there are a few “bad apple” employers that will promise to help an injured worker but never follow up on their promises. I have received many cases after false promises made by employers to injured workers.

Q: Q: My accident happened while driving a car on company business.

A: In this instance, you are should be covered by both a “third party” insurance company and the employer’s worker’s compensation insurance. Both will pay you benefits however there are certain procedures to follow that will allow you to recover under both insurances. A failure to follow the procedures may prevent you from collecting under one or the other insurances. You need to consult an attorney as how to handle this particular situation.

Q: Q: Are their time limits to filing a complaint?

A: Yes, notice of an injured must be given to the employer within 90 days of an injury and an actual claim must be filed within two years of the injury. This is the general rule, however some exceptions do exist. Please consult with our firm if you are concerned about this issue.

Q: Q: What if I have aggravated a pre-existing condition?

A: An injured worker may be able collect compensation for aggravating pre-existing conditions.

Q: Q: If I open a workers’ compensation claim will I lose my job?

A: It is against the law for an employer to fire a person in response to that person filing a worker’s compensation claim.

Q: Q: My employer says my accident is not a worker’s compensation accident and I must file on my health insurance?

A: This is a common problem for injured workers especially in larger companies where they have a more sophisticated human resources department. Many companies do not want to have “lost time accidents”. Management compensation and/or bonuses may be tied to lost time performance measures and lost time accidents may cost the company in terms of increased insurance premiums. So reclassifying an injury something other than a lost time accident can benefit the company financially as well as the manager that implemented the policies. If you believe that your injury was related to work then you need to our firm to discuss your possible claim. Remember, it is not necessary that the work “caused” the injury but only that the work contributed, aggravated or accelerated your physical condition so that it is worse with the work than without the work.

Q: Q: What if my employer is not helping me?

A: I have had many cases where the employer has made promises to help an injured employee only to later do nothing. The longer an injured employee relies on the false promises of the employer, the worse the case will be for the injured worker. Don’t wait on the employer or the carrier to do the right thing.

Q: Q: My insurance company is non-responsive or very difficult to deal with?

A: This is one of the top reasons that clients come to us for representation. Insurance companies are often this way with people who do not have experience with the process. Sometimes this is done intentionally. Sometimes the insurance adjuster is simply overwhelmed with the volume of cases assigned to them and is non-responsive until the right buttons are pushed.