Across the United States, private employers report millions of workplace injuries every year. In the District of Columbia alone, employers paid out more than $2.3 million in compensation for injured workers in only the first three-and-a-half months of 2020. It’s not uncommon for employees to be injured at work, and when they are, they have the right to seek compensation from their employers. At the law firm of May Lightfoot, PLLC in Washington, D.C., our attorneys help clients who have suffered a job-related injury or illness obtain the payments they need while they’re unable to work.
Workers who suffer job-related injuries or occupational illnesses should not have to fight for benefits promised to them under workers’ compensation. However, many valid workers’ compensation claims are rejected, leaving injured workers unsure how they will pay for their medical bills and replace their lost wages.
The workers’ compensation attorneys at May Lightfoot, PLLC, protect the rights of workers who are hurt on the job and the families who lose loved ones to workplace accidents. Our workers’ compensation attorneys are:
- Experienced and knowledgeable in all areas of workers’ compensation law;
- Respected in the workers’ compensation field; and
- Proven successful in securing benefits for injured workers.
If you get hurt on the job, don’t count on your employer or the workers’ compensation system to treat you fairly. In order to receive the benefits that you deserve and your family needs to get by during your recovery, you need an experienced workers’ compensation lawyer on your side. Let May Lightfoot, PLLC, ensure you are treated with respect in your workers’ compensation matter.
Contact us today for a complimentary claim evaluation.
How Can a D.C. Workers’ Compensation Attorney Help My Case?
You are not required to hire an attorney to file a workers’ compensation claim or appeal a denied claim. However, if you are seriously hurt, there is too much at stake to try to handle your own workers’ compensation claim. Your employer’s insurance company will be represented by an attorney throughout the process; without representation, you are at a serious disadvantage.
When you retain May Lightfoot, PLLC, for your workers’ compensation claim, we serve your best interests and customize a legal strategy that seeks to maximize your workers’ compensation benefits. Our workers’ compensation attorneys guide you through the claims process and help support your claim so you receive the maximum benefits available by law.
An experienced Workers’ Compensation attorney from May Lightfoot, PLLC, does the following and more on your behalf:
- Files your initial claim for workers’ compensation benefits;
- Gathers the necessary evidence to support your benefits claim;
- Comprehensively documents your claim;
- Argues your case at any hearings if your claim is disputed;
- Manages appeals of adverse rulings such as denial of benefits;
- Refers you to medical professionals for second opinions when needed;
- Demands the maximum monetary benefit to which you are entitled by law;
- Stands beside you throughout your recovery to assist and advise you regarding maintaining your benefits qualifications.
Working with an experienced Washington, D.C., workers’ compensation attorney from the beginning means your application is complete and filed on time the first time. This helps your claim avoid any unnecessary delays in the administrative process.
You only have one year to file your workers’ compensation claim in Washington, D.C. Therefore, it is imperative you contact a knowledgeable workers’ compensation attorney to begin work on your claim right away.
At May Lightfoot, we handle your entire workers’ compensation claim allowing you to focus on healing and moving forward with your life. We are dedicated to getting you the benefits that you need. If you or a loved one were hurt in a work-related accident or suffer from an occupational illness, please call us in Washington, D.C. today for a confidential consultation.
What is Workers’ Compensation?
Workers’ compensation is a no-fault, employer-funded insurance program that provides medical and wage benefits to injured workers. In Washington, D.C., all private-sector businesses with at least one employee must carry workers’ compensation insurance, supplying coverage that takes effect upon the first day of employment.
The District of Columbia’s Workers’ Compensation Program makes medical benefits and cash payments available to people who require medical treatment for illnesses and injuries sustained on the job. Each employer providing coverage must use a four-digit classification code to identify the type of work its employees perform. If a company’s workers are engaged in riskier work, such as on a construction site, the business’s workers’ compensation policy will be required to provide greater coverage. If employees primarily perform clerical tasks, the coverage amount will be lower.
The Workers’ Compensation Program is in place to make sure that workers are protected by insurance for both sudden injuries and illnesses that develop over time so that they are not left with bills for conditions caused by occupational exposure.
What are the Benefits Available Under Workers’ Compensation in Washington, D.C.?
The scope of benefits available for a workers’ compensation claim depends on the severity of the injury or illness and the amount of time that the employee is unable to work.
Types of disability recognized by the District of Columbia include:
- Temporary total disability (TTD) — When an injury prevents the employee from performing any type of work for a temporary period of time, the employee is entitled to two-thirds (66.67%) of his or her average weekly wage, generally until he or she is able to return to work.
- Temporary partial disability (TPD) — Benefits of two-thirds of the injured employee’s average weekly wage can be paid to the employee until he or she fully recovers, including during a period of time that he or she returns to work to perform a job with fewer responsibilities and a lower wage.
- Permanent total disability (PTD) — If the injury prevents the worker from returning to employment of any kind or results in the loss of both eyes, hands, feet, arms, or legs, the worker may collect two-thirds of his or her average weekly wage in lost income benefits for as long as benefits are needed.
- Permanent partial disability (PPD) — Benefits for the permanent loss of some bodily ability that does not prevent the employee from returning to employment are determined based on the nature of the disability and the worker’s occupation. Payment duration is capped at 500 weeks but may be for far less time.
- Medical benefits — Workers’ compensation may cover medical, surgical, and hospital care as well as the cost of prescriptions and medical devices for as long as they are needed to bring about recovery.
- Disfigurement — A worker may receive an additional $7,500 in compensation for serious disfigurement to the face, head, neck, or another area of the body normally exposed during work.
Additional benefits include vocational rehabilitation services and survivor benefits to the spouse and dependents of a deceased worker. For answers to questions about these and other benefits, visit our Workers’ Compensation FAQ page.
What Injuries are Excluded Under Workers’ Compensation Benefits?
To qualify for workers’ compensation benefits, the injury or illness must have occurred during the course of regular work duties or as a result of work duties.
This includes, but is not limited to the following:
- Injuries sustained on an employer’s property;
- Injuries or ailments acquired as a direct result of work; or
- Injuries suffered on the property of another but which on work duty and performing job-related duties.
Workers’ Compensation does not extend to:
- Injuries or illnesses caused by an employee’s use of alcohol or other drugs;
- Self-inflicted injuries;
- Injuries suffered while the employee was committing a crime;
- Injuries or ailments acquired while the employee was not working; or
- Injuries or ailments suffered due to an employee’s violation of a company policy.
Workers’ compensation applies to more than just physical injuries resulting from a single event. Repetitive-stress conditions like carpal-tunnel syndrome and occupational illnesses including those linked to chemical exposure may also be covered by workers’ compensation.
Why are Workers’ Compensation Claims Denied?
There are several reasons why a workers’ compensation claim may be denied. An employer may dispute the validity of your claim, by insisting that the injury occurred outside of work. An error in the application may lead to an incorrect judgment. In other cases, a claim is approved but the injured worker is only given a fraction of the benefits they are entitled to.
Any discrepancy can be used by the employer, the workers’ compensation insurance company, or a claims analyst to deny a claim. Once benefits are approved, they can be discontinued if the beneficiary violates the requirements of the Washington, D.C., Workers’ Compensation Program.
Common reasons a workers’ compensation claim may be denies include the following:
- The injury is not covered by workers’ compensation;
- The employee failed to provide the employer with timely notification of the injury;
- There are no witnesses to the injury;
- The worker filed for benefits after being fired or laid off;
- There are discrepancies in the claim documents;
- No evidence is provided of an injury; and
- The worker has not followed their doctors’ orders.
Any workers’ compensation denial letter provides a deadline for filing an appeal. Sometimes denials are easily remedied and are due to clerical errors or misunderstandings. However, other workers’ compensation denials require legally complicated appeals and are best handled by seasoned workers’ compensation attorneys.
For clarification of a specific workers’ compensation denial letter and to learn more about workers’ compensation denials and appeals, reach out to an experienced Washington, D.C., workers’ compensation attorney.
What to Do After a Workplace Injury in Washington, D.C.
There are certain requirements and deadlines an injured or ill worker must meet to obtain workers’ compensation benefits and maintain eligibility for payments. Making a mistake can be financially devastating for an injured worker or a family relying on workers’ compensation payments.
When hurt at work, an injured worker must do the following:
- Report the injury. Notify the employer of any injury right away. There may be internal policies for reporting an accident that need followed in order to avoid a claims dispute. Complete a work incident report as soon as practical;
- Seek medical attention immediately. Get medical care from the employer’s specified provider if at all possible. Choosing the employer’s provider will make the approval of your claim go smoother;
- Injured workers in Washington, D.C. can choose their own doctor if they incur a work-related injury. However, once the worker has chosen the doctor, the injured party cannot change the physician again unless they get approval from the Office of Worker’s Compensation or from their employer’s insurance company;
- Inform the doctor of any symptoms, limitations, and actions that worsen or irritate the injury. It is imperative to provide the doctor with a detailed medical report so that the injury is properly documented for the workers’ compensation claim;
- Submit a written report about the injury to the Office of Workers’ Compensation within thirty days of the injury; and
- File a workers’ compensation claim within one year of the injury.
After a work-related injury, employers also have duties. An employer must report any injury to the Occupational Safety and Health Administration within ten days of the injury and incident or be subject to a civil penalty of up to $1,000.
If the incident is a work-related fatality, employers must report it within eight hours. Any in-patient hospitalizations, amputations, or loss of an eye must be reported within twenty hours of being informed of the injury and the incident.
Workers’ involved in workplace accidents generally qualify for workers’ compensation to provide for medically necessary treatments, medications, rehabilitation efforts and time off of work. However, workers’ compensation does not pay damages for non-economic losses like pain and suffering, emotional trauma or mental anguish.
If someone other than your employer contributed to or caused the workplace accident, then a worker may have a third-party claim. This other person or entity is who contributed to or caused the workplace injuries is known as the third-party.
A third-party may be:
- An individual person whose careless or negligent actions caused the accident;
- A company, general contractor, property owner or other business entity whose oversight contributed to the accident; and
- A manufacturer whose poorly designed or defective products caused the injuries.
A third-party lawsuit is a civil personal injury claim. Both a workers’ compensation claim and a third-party claim may be filed at the same time. For more information about filing a third-party claim, contact an experienced workers’ compensation attorney in Washington, D.C.
Contact an Experienced Washington, D.C. Workers’ Compensation Attorney Today
If you or a loved one suffered a job-related injury or occupational illness or workplace death, May Lightfoot, PLLC, can help you fight for the benefits you deserve. Contact our Washington, D.C., workers’ compensation attorneys for a no-cost legal consultation about how we can help you and your family. We will respond promptly to set up a confidential, no-obligation consultation at one of our offices or by FaceTime or Zoom, whichever you prefer.
Based in Washington, D.C., the lawyers at May Lightfoot, PLLC help injured workers with workers’ compensation claims and appeals in Maryland and throughout the D.C. metro area. To schedule a free initial consultation with one of our knowledgeable attorneys, call (202) 919-6463 or contact us online.