Solid legal representation for workers injured on the job
The Law Office of Scott A. Schwartz has experience fighting for the rights of injured workers. We review each case independently and pursue complete and adequate benefits for the injuries you suffer while working. We strive to provide you representation in a compassionate and thoughtful way by listening to you, understanding your concerns and answering your questions. You get our full attention, skills and experience when we take your case, so together we can achieve equitable results.
What are the common issues in a workers’ compensation case?
The goal of a workers’ compensation case is to get you the medical treatment you need to be well again, and the financial recovery you need to keep afloat while you recover from your injuries. In those instances where you sustain permanent injury, we fight to get you the monetary benefits you deserve. In some instances, we fight for the reconstruction of a home to accommodate an injured worker who can no longer ambulate the way he or she could before their injury. When you apply for workers’ compensation benefits, you have a list of questions about how the procedure works and what pitfalls may arise. Once the decision to apply for workers’ compensation benefits is made, you may have questions about:
- Returning to work
- Allegations of workers' compensation fraud
- Suing your employer
- Employer retaliation
- Aggravation and exacerbation claims
- Third-party liability claims
We have experience sifting through these and other common issues. We know you have questions and concerns about the ramifications of your claim, and determining when you are well enough to return to work. If you have been hurt on the job, it is important that your injuries are healed so you can return to work and earn an income. In the meantime, however, we know how to get you the benefits you need to bridge that gap. The decision of when to return to work is made by your medical care provider. If your on-the-job injury aggravated an injury you already had, that is called an exacerbation of an injury. Your employer may claim that compensation for that injury are not his or her responsibility. Under certain circumstances, we can help you prove that it is your employer's responsibility.
What if my employer retaliates?
We fight for full compensation for your injuries, and we have the knowledge and experience necessary to argue against claims by your employer that you do not deserve the benefits sought. Some injured workers worry that their employer may retaliate if a workers’ compensation claim is filed. Employer retaliation against an injured employee for filing a workers’ compensation case is not only against the law, it unjustified and wrong. We advocate for fair treatment by your employer in accordance with the law.
What if my claim is rejected?
In the event that your workers’ compensation claim is rejected, you have the right to object to the denial. Your claim may be rejected if your employer alleges the injury was not a result of a job-related activity. It is also common for the employer to simply claim that you do not need medical treatment or time off to heal. No matter the reason for denial, you can and should appeal the rejection of your claim. We can file your application for adjudication of a claim and a declaration of readiness to proceed with the state Workers’ Compensation Board to move your claim forward. We are experienced in filing these objections to denial of claims and obtaining the necessary medical evidence to prove your employer wrong.