Best Workers Compensation Lawyers in Portland

FAQs

• What is the non-emergency contact number for the local police station in Portland, Maine?

  207-874-8479 is the non-emergency hotline of the Portland Police Department.

• Where can I get a copy of police report for incidents related to my case in Portland, Maine?

  Utilizing the Citizens Online Police Reporting System of the Portland Police Department, you are able to file a report and generate a copy of a police report for no cost. All instances submitted through the system will be examined. The office will notify you if additional investigation of your case is required after evaluation.

• Can you be treated by your own doctor after getting harmed while performing your job in Portland?

  Yes. You can see your doctor if you get harmed while performing your job in Portland. However, your employer might also insist you visit the company doctor for the first ten days following an injury. The 10-day provider rule governs this situation. You are no longer needed to see the company doctor after these dates.

• How long must the insurance company consider whether to pay out your workers' compensation claim in Portland?

  The insurance company must pay or reject your workers' compensation claim within 14 days of receiving notice in Portland. If they do so, they must submit a Memorandum of Payment detailing the sum they will be paid. They must submit a Notice of Controversy outlining their disagreement if they disagree. Full denial signifies that the insurance carrier does not cover missed time and medical benefits. The insurance company pays for one but not the other in a partial rejection.

• Do you need to look for alternative employment after becoming hurt at work in Portland if your company won't work with your limitations?

  Yes. According to Portland's job search rule, if you have some work capacity, you must look for work and demonstrate that it is unavailable before receiving full benefits. It is crucial to keep track of your job hunt. The hearing officer will consider how many positions you apply for and if that employment suits you, given your injuries, age, education, and experience.

• What happens if the Workers' Compensation Board in Portland notifies you that your claim will be mediated?

  When there is a disagreement in Portland regarding a particular element of your claim, the Board will arrange a conference to settle the issue. A mediator will be present to discuss the matter with you, your employer, and their insurance provider to resolve the disagreement amicably. You must submit a formal petition and continue with litigation before the Workers' Compensation Board to pursue any payments that have been withheld if the mediator cannot resolve your claim.

• What are the most typical workplace accidents in Portland that are compensated by workers' comp?

  Overexertion, slip and falls, equipment accidents, occupational diseases or exposure to hazardous substances, vehicle crashes, and workplace violence are a few instances of work-related injuries in Portland that workers' compensation claims may cover. You must be able to display that your damage happened while you were at work or carrying out tasks associated with your job to be eligible for compensation for a workplace accident.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.