If you have been hurt or ill because of a job or if a loved one has died from a work-related injury or exposure, you may be eligible for Workers Compensation benefits. If an injury was caused or aggravated by your employment, even if you have pre-existing conditions, you may be entitled to workers compensation or occupational disease benefits if your job was responsible for making it worse.
Attorney Phillip Shell and has been working to help injured workers and their families get needed wage loss and medical benefits in workers compensation and occupational disease claims since 1982. He has successfully represented many injured workers and their families at hearings at the Utah Labor Commission’s two locations in Salt Lake City and in Parowan for injuries to workers throughout the State of Utah. Call today to speak with Phil virtually or in person to see if he can help you with a work injury or occupational disease claim.
In Utah, injured or sick workers can receive benefits such as:
- Reimbursement for lost income during the period of medical recovery (temporary total disability) – usually 2/3 of your pay at the time of the accident. All benefits are tax free.
- Permanent Partial Disability (PPD) benefits for permanent limitations and restrictions. This is based on an impairment rating given by your doctor with benefits paid for a specific number of weeks based upon your wages.
- Payment for all related medical expenses, including prescriptions and durable equipment. Medical benefits can continue for a lifetime to the extent that your need for care is still related to the industrial accident. There are certain time limitations. Speak to an attorney for specific advice concerning your case.
- Permanent Total Disability Lifetime compensation if you become unable to work because of your injury. This can be received in connection with Social Security Disability benefits. We can help coordinate the receipt of both and seek to maximize your recovery.
- Reimbursement for transportation or travel expenses.
- Death benefits for the spouse and dependents of a worker who dies because of an injury or work-related illness or exposure.
You may qualify for workers compensation benefits if you were injured while performing your job duties or if you suffer from a chronic medical condition, repetitive stress injury, or condition caused by your occupation. You may also qualify if you were injured in a work-related vehicle accident. It is a no-fault system, and so if your injury is work related, you may qualify for benefits whether the injury is your fault, your employers’ fault, or no one’s fault.
Common types of workplace injuries
Most on-the-job injuries relate to specific accidents, but injuries also can include chronic conditions developed over time. The most common workplace injuries include:
- Injuries to the lower back and lumbar spine from lifting, bending, and twisting
- Carpal tunnel syndrome from repetitive activities such as gripping or typing
- Injuries from vehicle accidents
- Injuries from machinery and equipment accidents
- Injuries related to falls from high places and seemingly minor slips.
Our clients include workers with all types of injuries and illnesses, including:
- Asbestosis
- Back and spine injuries
- Cancer
- Carpal tunnel syndrome
- Ulnar nerve damage
- Other repetitive stress or trauma injuries
- Chemical exposure
- Construction injuries
- Electrocution
- Burns
- Welding torch injuries
- Deafness or hearing loss
- Dermatitis
- Interstitial lung disease or pulmonary fibrosis
- Knee injuries
- Mesothelioma
- Mining Injuries
- Silicosis
- Occupational asthma
- Occupational lung disease, including black lung disease
- Pneumoconiosis
- Psychological problems
- Various types of cumulative trauma injuries
Almost anything that is medically and legally related to the job or an exposure at work
If it was caused or aggravated by your employment, Phil can help you get the workers compensation or occupational disease benefits you are entitled to. Even if you have pre-existing conditions, and in many cases if work was responsible for making it worse, you may be entitled to workers compensation benefits. Call and discuss your rights and options.
When injured on the job, you must act quickly to preserve your right to compensation.
- If the injury is an emergency, seek treatment at the nearest medical facility.
- Notify your employer as soon as possible. If you do not notify your employer of the work related injury within 180 days of the accident, you will lose your right to compensation and medical benefits. If you have an occupational disease claim, you must notify all applicable employers within 180 days of when you first suffered disability and either knew or should have known that the condition was work related. If your employer does not know of your injury and that it is work related within 180 days of the accident, your claim will be barred.
- If your injury is not an emergency, find out which medical provider takes your company’s workers compensation insurance, and seek medical treatment only from authorized providers. Be sure to clearly explain to your doctor how you were hurt so that the medical records contain correct information about your injury. For example, if you injured your back and a knee but you are only treated for the back injury, and the knee complaints are not recorded, the knee injury may come into question later and might be disputed.
Occupational illnesses sometimes arise while you are still working for the employer but may also arise many years later, such as in the case of asbestos