Pocatello, Idaho, the county seat of Bannock County, was recently ranked among the top 20 cities in the US on the Forbes list of Best Small Places for Business and Careers. Indeed, Pocatello has received numerous awards based on its favorable business climate. Taking into consideration its status as the home of Idaho State University, it is unsurprising that its unemployment rate is consistently below the national average.
Unfortunately, however, workplace accidents sometimes happen. And when they do, successfully navigating the workers’ compensation claims process (or, in some cases, the personal injury civil litigation system) can get complex and tricky. It’s not just a question of whether your claim is approved or denied, it’s also a question of whether you are fairly compensated.
What Kinds of Harm Justify Compensation?
Medical expenses for workplace accidents or injuries are not the only type of loss that qualifies for compensation under Idaho workers’ compensation law. The following losses also qualify for compensation:
- Medical expenses arising from repetitive injuries that arise from long-term, job-related strain
- Medical expenses arising from illnesses caused by toxic substances
- Healthcare expenses arising from ongoing care such as physical therapy
- Lost wages arising from any of the foregoing circumstances (workers’ usually receive two-thirds of their average weekly wage, subject to certain legal maximums and minimums)
- Compensation for temporary and permanent disability
- Death benefits to family members due to a workplace fatality
“James Arnold is fighting hard for my workers’ comp case and is a great attorney to work with”
– Rachel W
Some of Our Other Practice Areas
In addition to workers’ compensation cases, we also handle the following types of claims:
- Social Security Disability (SSDI)
- Car accidents
- All types of personal injury claims
Frequently Asked Questions (FAQs)
Q: Can I receive compensation for “pain and suffering”?
You cannot receive compensation for pain and suffering in a workers’ compensation claim. This is too bad because, in an ordinary civil lawsuit, pain and suffering damages often far exceed compensation for medical expenses. If you can find a third-party defendant (not your employer), you might be able to sue him in civil court and claim pain and suffering damages even though the accident occurred in your workplace.[/trx_toggles_item]
Q: What should I do after I suffer a job-related injury or occupational disease or illness?
Take the following steps:
- Notify your employer immediately, both verbally and (particularly) in writing. You will need to provide certain details of the accident or incident that led to your condition.
- Seek medical attention as soon as you can, and retain all written records. This is important not only for medical reasons but also for legal reasons.
- If you incur medical expenses or lose time at work, ask your employer to file a Notice of Injury and Claim for Benefits form.[/trx_toggles_item]
Q: I want compensation as soon as possible. What can I do to expedite the process?
Take the following actions:
- Provide your employer with as much written detail about the accident and your injury as you can (keep copies for yourself). Also, provide your employer with the names of any witnesses.
- Be sure to tell your doctor that your injury or illness is work-related, and ask him to send your medical bills directly to your employer’s workers’ comp insurance carrier.
- Reconfirm that your employer has filed a Notice of Injury and Claim for Benefits form with the workers’ compensation insurance company and the Idaho Industrial Commission within ten days of your accident (this deadline could be tricky to calculate if you are claiming, say, a repetitive stress injury or an illness that developed over a long period). Your employer is legally obligated to file this form. However, if he doesn’t do it, then file the form yourself.
If your claim is approved, workers’ compensation must normally pay your medical bills within 30 days. If your claim is denied, you can appeal.
Contact the Professionals
The Pocatello workers’ compensation lawyers at Peterson, Parkinson & Arnold, PLLC possess more than 65 years of combined experience handling workers’ compensation claims. Hundreds of our clients have walked away with the compensation they deserve – and that is what makes it all worth it for us. We are committed to executing a first-rate investigation to help you create a successful claim, and to keeping you up-to-date on your case.
Our Pocatello Workers’ Compensation Attorneys are Ready to Fight for You
If you have questions concerning your Idaho workers’ compensation rights, if you need help filing a claim, or if you are involved in a dispute over a workers’ compensation claim, contact Peterson, Parkinson & Arnold, PLLC, for a free initial consultation. Please call our lawyers or fill out our online contact form today. We serve clients in Chubbuck, Highland, University, and elsewhere in Pocatello.