"The accident was nobody's fault. Why should I sue my employer?"

The workers' compensation system is a no fault system. This means that whether your injury was your fault, your employer's fault, a co-employee's fault or no one's fault, you are still entitled to the same benefits.

A workers' compensation claim does not involve a lawsuit against your employer. Most employers are required by law to maintain workers' compensation insurance for the benefit of their employees. Claims are made against the insurance company. Your claim will usually not affect the insurance premiums that your employer pays for the coverage.

Several reasons. The best way an attorney can assist you is if a workers' compensation claim is pending. What if you are unhappy with the doctor you are assigned to? What if your doctor releases you to go back to work before you feel that you are ready, or returns you to work on light duty and your employer does not offer it? What if your temporary disability benefits are calculated inaccurately, are not paid, or are terminated prematurely? What if the insurance company does not pay your medical bills and you are being billed or receiving collection letters? What if it refuses to provide diagnostic testing or treatments that either you, your company assigned physician or your personal physician think are necessary? Problems with medical treatment and temporary disability income often develop after your injury. Unless a workers' compensation claim petition has been filed with the Court, you can't enforce your legally protected rights.

In addition to issues addressed above, you are usually entitled to a money award for partial or total permanent disability associated with your injury. To obtain compensation, whether by settlement or after trial, your claim must be filed with the court and you must appear in court for a hearing.

No. You incur no legal fees unless you win your case. If you do win, the workers' compensation judge awards a counsel fee, which cannot exceed 20% of the recovery. In most cases, the insurance carrier pays about 60% of the counsel fee and you pay 40%, so that your share of the counsel fee is usually a maximum of 8% of the recovery. After all expenses you usually receive over 90% of the total award. The Court awards a maximum of $400 to the physicians who examine you for the case, if you win the case. In most cases, a maximum of $200 is paid by you and $200 is paid by the insurance company. All fees are deducted from your award and paid to the physicians and attorneys so you don't have to write checks.

The causes of some injuries are obvious, such as a fall or motor vehicle accident or other injuries followed by the immediate onset of pain. Other injuries are more insidious. They develop over time. You live with them until you no longer can, but you can't point to a single event that triggered it. The law recognizes repetitive stress injuries and illness from environmental exposures and treats them as compensable injuries. Orthopedic injuries may develop over time because of the nature of the work. Occupational illnesses such as breathing disorders from toxic environments or hearing loss from exposure to loud noises may be covered.