What is my workers’ compensation claim worth?

The answer to this question depends on a number of factors uniquely tied to each case. Generally, the claim’s “value” rests on the injured workers’ average weekly wage, the length of time the claimant has been out of work, and of course, the severity of the injury. From a legal standpoint, the issue of whether the accident was work-related is also very important.  If the accident did not happen at work, then the value of the case decreases as the Employer/Insurer will disclaim any responsibility or “controvert” liability. On the other hand, if the case is accepted under the workers’ compensation system, then the insurance company will “be on the hook” for benefits.  The benefits that the Employer/Insurer will be responsible for will be weekly income benefits (not full wages but rather the workers’ compensation rate) and medical / rehabilitation benefits.  It is important to note that there is no “pain and suffering” benefits allowed under the workers’ compensation system. The value of the case will be determined on what the Employer/Insurer may be responsible for paying in the future. If you have any questions about what your case is “worth”, please feel free to contact the Ramos Law...

Are “Seasonal” Employees Entitled to Workers’ Compensation?

Generally, yes.  First, the injured worker must be an “employee”, not an independent contractor.  Second, the employer must have at least three (3) employees.  The key to whether a worker is an employee or an independent contractor depends on how much control the “employer” has over the worker.  The more control, the more likely the worker is an employee.  Presuming the injured worker is an employee, then he or she may be entitled to the Five Pillars of Workers’ Compensation:  (i) Temporary Total Disability; (ii) Temporary Partial Disability; (iii) Permanent Partial Disability; (iv) Medical care / treatment; and (v) Rehabilitation care and counseling.  The first three pillars are money benefits, while the final pillars address the injured workers’ medical care and potential return to work.  Whether an employee is “seasonal” does not negate the claimant’s ability to receive these...