Worker's Compensation

Being injured at work can have a devastating impact on a person’s life. Not only is the injured employee stricken with debilitating pain and adverse medical conditions, but he or she also faces the additional burden of earning money without being able to work. Thankfully, injured workers in Vermont can file Workers’ Compensation Claims (also known as Workman’s Compensation Claims) to help maintain financial responsibilities while they recover from their injuries.

If you have never been injured at work before, you may not be aware of all the rights afforded to you under Vermont law. Do not get caught up in the confusing and complicated world of workers comp. (workman’s comp).  The lawyers at Kohn Rath Danon Lynch & Scharf, LLP can help you – call us today to get assistance with filing your claim and to obtain the compensation to which you are entitled.

What Is Workers’ Comp?

Workers in Vermont who are injured on the job can file claims to obtain workers compensation. Commonly referred to as Workman’s Comp, this is an insurance that is designed to protect employees who sustain injuries while on the job. A worker must be injured while in the course of his or her employment.

There are rules that govern the system, but they are complex and  make it very complicated for the average worker to understand. Insurance companies often use their own knowledge of the law against workers to take advantage of them and deny them benefits they are entitled to.

In order to ensure you obtain the compensation you are entitled to, it is imperative that you hire a reputable workman’s comp attorney in Vermont. At Kohn Rath Danon Lynch & Scharf, LLP, we handle workman’s comp claims for injured employees to get them the money they deserve.

Benefits Available Under Workers’ Comp

If you are injured on the job, you may be entitled to compensation under the Workers’ Compensation Act of Vermont. This act provides injured workers with several types of benefits that help them recover without worry. Some of the available benefits include:

Disability Benefits: Injured workers are often placed on work restrictions as a result of their injuries. When employers are unable to accommodate the restrictions, they are required to adequately compensate the worker until they recover. Under Vermont law, workers are entitled to recover 2/3 of their gross weekly earnings by way of workman’s comp.  The weekly earnings are usually determined by the 26 weeks of pay earned prior to the week the worker was injured.

The amounts recoverable are not cut-and-dry. Instead, numerous factors are taken into consideration in determining how much money a worker will receive each week throughout their recovery. Variables such as dependents, cost of living increases, and periodic wage adjustments can impact how much a person will continue to make while they are out of work. Hiring a workman’s comp attorney will ensure you receive the maximum amount you are entitled.

workplace injury lawyerMedical Benefits: When a worker is injured on the job, their employer is required to cover all related medical costs. This includes the costs of hospital services, nursing homes, medications, surgeries, follow-up appointments, and even therapies. Employers are responsible for covering all of these costs, as well as co-pays, for any medical treatment required as a result of the injury.

Also, workers are entitled to recover reimbursement for mileage they accrued traveling to and from appointments. Insurance companies are quick to dispute these costs, which is why hiring an attorney to help you is the best thing you can do to ensure you recover these expenses.

Permanent Impairment: When a worker is injured, their employer has to pay them until they recover from their injuries. Once the injured worker reaches  what is referred to as “maximum medical improvement” or MMI, he or she may be entitled to compensation based on any permanent impairment which has been suffered.

When an injured worker attains MMI, the injured worker is no longer entitled to recover temporary disability or temporary partial disability benefits due to his or her injuries, but may be entitled to permanent disability benefits.  MMI claimants have reached the point where they are no longer expected to improve medically from their injuries.

When a worker reaches a medical endpoint (MMI) he or she is entitled to compensation based on certain American Medical Association Guidelines, which are determined by a medical examination, resulting in an “impairment rating”. The severity of their injuries determines how much permanent disability the injured worker will receive from the insurance company.

In the vast majority of cases the employer’s worker’s compensation insurance company deals with the claim.  The insurance company often hires a medical professional to conduct the medical exam and pays the examining doctor.  Often the doctor hired by the insurance company will not find as severe a permanent impairment as a physician who is not hired by the company.  Having an adequate legal team on your side will help you combat these false impairment ratings. At Kohn Rath Danon Lynch & Scharf, LLP, we help injured parties obtain accurate impairment ratings that truly reflect the extent of their injuries.

Vocational Rehabilitation: When injured workers are unable to return to the type of work they were doing due to medical restrictions, it is often necessary for them to learn new career paths. Under workman’s comp, employers are required to pay injured workers for training that more adequately suits their physical limitations. Depending on the injured worker’s background, training may include computer classes or in-field training.  

The attorneys at Kohn Rath Danon Lynch & Scharf, LLP can help injured workers obtain adequate training that helps them get back to work after their injuries. Working with an attorney helps injured workers by guaranteeing the process runs smoothly and fair, so they are in the best possible position to succeed.

Hire A Reputable Workers’ Compensation Attorney To Help You

When it comes to selecting a reliable professional, there is no better option than Kohn Rath Danon Lynch & Scharf, LLP. Attorney Roger Kohn previously took part as a Chairman of the Vermont Bar Association Workers’ Compensation Committee, and has in-depth knowledge regarding how the claims process and Workers’ compensation system functions.  Attorneys Beth Danon and David Lynch, have extensive experience helping injured employees throughout Vermont obtain compensation for injuries they sustained on the job.

 Contact our law firm today at 802-482-2905 to schedule a free consultation so we can get started on your case as soon as possible.

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