Before delving into the details of the role of an attorney in a worker’s compensation case it is important to note that you don’t need to hire an attorney if your compensation claim is uncomplicated and involves a moderate sum of money. However, there are few instances where hiring an attorney in worker’s compensation case becomes essential – 

• You have suffered some long-term and serious injuries.
• Your claim is disputed by your employer.
• You don’t have proper documents to support your claim.
• Your claim involves a colossal amount.
• You seek professional advice to accept or reject the offered settlement. 
• You are willing to appeal before the court to get the compensation claim because your claim has been denied/rejected by the employer/insurer.

Essential skills of a worker’s compensation attorney:

It is very important to hire a skilled attorney in worker’s compensation cases because the insurance companies usually look for reasons to deny the claims. Thus, an attorney with following skill sets will be able to work through the complexities of your case and help to get decision in your favour-

• They should be familiar with laws and procedures relating to worker’s compensation. 
• They must be an excellent negotiator. 
• They should be familiar with scientific, medical, and other concerns that arise in workers’ compensation claims.
• They must also have trial expertise along with litigation experience.

Functions undertaken by the worker’s compensation attorney:

The lack of proper medical proof is one of the most common grounds for rejecting the workers’ compensation claims.When this happens (unfortuantely all too frequently), the role of worker’s compensation attorney is of utmost importance, he can develop the medical documentation that adequately demonstrates the seriousness of your injuries. Further, to support the case, he can legitimately acquire your medical information along with records; request additional medical treatment/evaluation from certain hospital or doctor(s); request to obtain immediate opinion of medical practitioners; and work with expert witnesses testifying about the physical demands of your employment. 

Considering your physical condition and nature of injuries received, anticipated medical bills, and other payments that the employer owes to you, the attorney can estimate an approximate value of the amount you should receive as a compensation claim. Thus, the role of workers’ compensation lawyer is to help you develop and negotiate a favourable settlement arrangement.

The worker’s compensation attorney will also represent you at trial before the Appeals Board if a settlement with the insurer on your behalf cannot be reached.  A workers’ compensation trial is an administrative hearing before a judge to resolve disputes between an injured worker and his or her employer related to a work injury claim. At trial, each side will present evidence in the form of documents and witness testimony.

The judge will issue a decision within thirty days of the trial’s completion. A decision that awards benefits to an injured worker is called a Findings and Award. A decision that does not award benefits is called a Findings and Order.

Generally, the evidence presented at trial will include:

• testimony of the injured worker
• medical reports evaluating the injured worker’s condition
• medical records of the injured worker’s prior medical treatment
• employment records

IN ADDITION TO A WORKERS COMPENSATION CLAIM, IF A 3RD PARTY  (NOT RELATED TO YOUR WORK) CAUSED YOUR INJURY YOU MAY ALSO HAVE A RIGHT TO FILE A CIVIL LAWSUIT AGAINST THAT PERSON

It is actually fairly common that while you on working on the job you are injured by a 3rd arty that is not related to your work.  An example would be you are driving to a work related task and you are hit by a negligent 3rd party and injured.  In this case, you would have a workers compensation claim AND a civil claim against the 3rd party for your injuries.  The damagfes which can be recovered in a civil lawsuit are often much larger than in a workers compensation claim and you are entitled to both.  So, it is important that your attorney be familiar with both systems to best advise and represent you.

CONCLUSION

Now you know the role of an experienced attorney in a worker’s compensation case. You can get my assistance for your case and we can answer all your questions. Please feel free to book a free consultation with me.

Recently on October 27, 2021, The Department of Veterans Affairs (VA) stated that the presumed illness term for Persian Gulf War veterans will be extended until December 31, 2026. This extension falls under the presumptive period for compensation for veterans, specifically those who have chronic disability of 10% or more as a result of undetected diseases. Extending the presumed term ensures that VA can properly and completely administer the benefits authorized by Congress for these veterans.

The preceding extension of the presumption period for qualifying chronic disability originating from undetected diseases among Persian Gulf War Veterans by the Department of Veterans Affairs was due to expire on December 31, 2021. If the previous presumed term was not extended, service members who develop ailments after December 31, 2021 would be significantly disadvantaged compared to service members who developed problems earlier.

WHAT QUALIFIES AS A CHRONIC DISABILITY?

Without regard to causation, the VA assumes that certain conditions are attributable to service in the Persian Gulf. This implies that a medical opinion or “nexus” is not necessary to establish service connection. The assumption applies to veterans of the Persian Gulf War who have persistent disability of 10% or more as a result of undetected diseases.

Chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal problems are among the medical ailments that the VA agrees are linked to service during the Persian Gulf War. Undiagnosed diseases with symptoms such as abnormal weight loss, cardiovascular disease, muscle and joint ache, headache, menstrual abnormalities, neurological and psychiatric difficulties, skin ailments, respiratory disorders, and sleep disruptions are also among the probable conditions.

STIPULATIONS OF THE CONVENTION

This extension and its stipulation come from Resolution no. 21 entitled, “Extend the Presumptive Period For Service Connection For Gulf War Veterans with Undiagnosed Illnesses” of the 102nd National Convention of the American Legion, which was passed in Phoenix, Arizona.

The stipulations of the resolution state the following about who are all the veterans that are eligible for this compensation. It states that:

“Veterans in the following groups may qualify for “presumptive” disability benefits: former prisoners of war who have a condition that is at least 10 percent disabling; Vietnam Veterans who were exposed to Agent Orange and served in the Republic of Vietnam between Jan. 9, 1962, and May 7, 1975; Atomic Veterans exposed to ionizing radiation and who experienced one of the following, participated in atmospheric nuclear testing, occupied or were prisoners of war in Hiroshima or Nagasaki, served before Feb. 1, 1992, at a diffusion plant in Paducah, Kentucky, Portsmouth, Ohio or Oak Ridge, Tennessee, served before Jan. 1, 1974, at Amchitka Island, Alaska; Gulf War Veterans who served in the Southwest Asia Theater of Operations”

PRESUMPTIVE PERIOD FOR COMPENSATION FOR VETERANS: IMPORTANT THINGS TO NOTE

It’s worth noting that the VA has recently added three presumptive conditions relating to particulate matter exposure, sometimes known as “Burn Pit Exposure” or “Airborne Hazards.” Asthma, rhinitis, and sinusitis are among the new presumed illnesses. Veterans must have served in Afghanistan, Djibouti, Syria, or Uzbekistan during the Persian Gulf War, from September 19, 2001, to the present, or in the Southwest Asia theater of operations, from August 2, 1990, to the present, to be eligible for these benefits.

Some examples of “Airborne Hazards,” in addition to smoke and fumes from open burn pits, include sand, dust, and particulate matter; general air pollution, which is frequent in some nations; fuel, airplane exhaust, and other mechanical gasses; and smoke from oil well fires.

CONCLUSION

For more information on how to apply for the VA benefits for Gulf War Veterans, please click here.  You can get my assistance for your case and we can answer all your questions. Please feel free to book a free consultation with me.

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