Salt Lake City Workers Comp Lawyer
Are you a victim of a work injury or illness who is unsure of how to obtain workers compensation benefits? If so, call a Salt Lake City workers compensation lawyer today.
Living in Utah comes with plenty of perks, one of which being that almost every employer is required to carry workers compensation insurance coverage. These policies offer employees across the state protection in the event that a serious accident or illness prevents them from being able to work.
Whether you are considered temporarily or permanently disabled, you should have the right to collect workers comp benefits, and a Salt Lake City workers comp lawyer can help. Read on to learn more about eligibility requirements and how to file an appeal in the event that your claim is denied.
Requirements for Receiving Workers Compensation in Salt Lake City
Because workers compensation coverage is an obligation for almost all employers, determining whether you qualify for benefits can be relatively simple. As long as your injury occurred while you were at work, due to the obligations of your position, you should be eligible for workers comp benefits.
In addition, unlike in many other states, you don’t have to be employed full-time or have been with the company for a certain number of days before becoming eligible. From the day you begin working, you should be covered under your employer’s workers comp insurance.
The only stipulation is that you are actively employed and not volunteering your services. Government volunteers, however, are able to collect workers compensation benefits in Salt Lake City.
Salt Lake City Workers Comp Coverage
Your weekly benefits are meant to replace the income you are unable to earn while working for your employer. These can be used for your rent or mortgage, utilities, groceries, car payments, or however else you see fit. You can expect to receive a majority of your pre-injury weekly salary—usually up to two-thirds.
The other area you shouldn’t have to concern yourself with is your medical expenses. These are to be completely covered by the workers comp insurance company. These expenses could include the following:
- Hospital bills
- Medical equipment
- Costs of prescription medications
- Transportation costs to and from your doctor visits
Any other healthcare expenses you incur as a result of your work injury or illness will likely be covered. With healthcare costs as high as they are in the United States, we are lucky to have such strict workers compensation coverage laws here in Utah.
Concerns with Employer Retaliation
Thousands of work injury victims end up going back to work too soon, exacerbating their injuries because they are afraid of being retaliated against by their employers for attempting to file a claim for work comp benefits.
Fortunately, the state of Utah has made it illegal for employers to fire, suspend, or demote an employee for seeking workers comp. In fact, if an employer demonstrates any act of retaliation that coincides with an employee’s injury, it can be sued for wrongful discharge. If you believe you’re the victim of employer retaliation, get in touch with a workers comp lawyer in Salt Lake City.
What to Do When Your Salt Lake City Work Comp Claim Has Been Denied
The first thing a qualified Salt Lake City work comp denial lawyer will do when your claim for workers comp benefits has been denied is answer any objections the insurance company or your employer have voiced. This is done by providing any additional documentation they’ve requested or possibly submitting to an independent medical exam conducted by an unbiased medical professional.
If your claim is still denied, our next step is to reach out to the Industrial Accidents Division of the Utah Labor Commission for assistance. If this still doesn’t result in an approval, we can file an appeal with the Adjudication Division of the Labor Commission. There, we will have mediation with the insurance adjuster to see if we can come to an agreement.
As a last resort, we also have the option of requesting a hearing in front of a judge, who will then make a final decision regarding your claim for workers comp benefits in Salt Lake City.
Salt Lake City Workers Comp FAQ
Given all the potential complications and roadblocks you could encounter as you pursue workers comp benefits, it’s no surprise that you have some questions. Check out our frequently asked questions below, and don’t hesitate to get in touch with us if you have any other questions.
Can I continue to work my second job while receiving workers comp?
If you were previously employed at a second job while injured at the position supplying your workers compensation coverage, you can still continue to collect workers comp benefits while working your other job, but your benefits will more than likely be reduced due to your ability to work a different position.
What happens if I’m at fault for my injury?
Fault is irrelevant in workers compensation claims. It doesn’t matter whether you are responsible for your injuries, as long as you were injured while being paid for the work you perform. If you chose to ignore safety policies, though, your benefits can be reduced by up to 15 percent; likewise, your employer could be obligated to pay an additional 15 percent if it willfully ignored safety standards.
How long will it be before I start receiving benefits?
Once you’ve submitted your claim to your employer, the company will have up to seven days to file your claim with the insurer. Then, the insurer will have up to fourteen days to submit your claim to the Industrial Accidents Division of the Labor Commission. From there, a decision on your claim will be issued. It can take up to six weeks for you to begin receiving benefits.
Do I need to see the doctor my employer chooses?
For your first visit to a physician regarding your injury, your employer or its insurance company may notify you of a “preferred provider organization” (PPO) and request that you go to that preferred doctor for your initial treatment or exam. Then, you may elect to see the physician of your choosing.
If my employer offers me a lesser position within my capabilities, do I have to accept it?
If your employer is able to secure you a position within the company, even if it pays less or has different responsibilities, you will likely have to accept if you wish to keep receiving work comp benefits. You will still be able to collect your workers comp benefits based on your pre-injury income, which will be adjusted based on the income you’ll receive working your new, lower-paying position.
How much will my benefits be?
The amount will vary by case. The severity of your injury, the estimated length of your recovery, and your weekly pre-injury income will all be considered in determining how extensive your benefits will be. As a general rule, 66 percent of your prior income will be available for partial or temporary disability.
Consult with a Salt Lake City Workers Comp Attorney
You should be able to focus your energy on recovering after you’ve been injured in a work accident. You can alleviate your financial worries by filing for the workers compensation benefits you’re entitled to. And with the assistance of the attorneys at Craig Swapp & Associates, you can increase your chances of obtaining a swift approval.
We’ve made it easy to schedule your free initial claim evaluation. Simply fill out our contact form at the bottom of the page or give us a call at 1-800-404-9000 to get in touch with a Salt Lake City workers comp lawyer.