Like common law, similarly, workers compensation laws provide medical benefits that are unlimited in dollar amount and in time. In this respect, workers compensation laws do provide full compensation for employee injuries, because the amount of damages that would be awarded in a negligence action would be calculated with reference to medical care required over a lifetime, without any dollar limits. Medical benefits can be a very costly component of a claim. Such expenses can even run into the millions of dollars in some cases. A workers compensation attorney can assist in getting injured workers the compensation they rightfully deserve.
Workers compensation benefits, both medical and wage-loss, have traditionally been exempt, and remain exempt, from federal income taxes. Because an employee’s income is normally replaced only to the extent of two-thirds or some other fraction of his or her pre-accident wages, the various workers compensation laws in effect anticipate that this reduced amount will not be taxable. Workers compensation benefits are also sometimes exempt from state personal income taxes. The income derived from Workers compensation benefits is also invariably made exempt under state laws from creditor claims. Workers compensation attorneys will ensure that your workers compensation benefits are protected from creditors.
A workers compensation attorney can assist you with administrative and litigation process of workers compensation. There are major differences between the administrative claim process and litigation in the courts. First and foremost, the administrative process dispenses with juries and places the responsibility for deciding issues of fact as well as issues of law with an administrative judge or panel of judges. Access to the appellate courts is normally available only for a review of legal issues decided by the administrative judges, not factual issues. In technical terms, there is usually no de novo review of factual matters. Second, the intricate and formal rules of evidence, such as hearsay rules, which were developed over many years especially for jury trials, are normally not fully applicable, and judges’ factual decisions will not be overturned by appellate courts as long as they are based on a certain amount, sometimes called a residue, of admissible evidence.
If you have been injured while at work consult with a workers compensation attorney. The workers compensation attorney can assist you get the compensation you deserve. Workers compensation is regulated by state law. Workers compensation attorneys will be well versed in your state workers compensation laws.