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If you are a nursing or medical assistant and were injured at work, you may be eligible for workers’ compensation benefits. However, just because you are eligible does not mean you will have an easy time claiming them. The workers’ compensation lawyers at Regan Zambri Long are determined to provide the best care to the medical and nursing assistants who dedicate their lives to helping DC residents. We will make sure you receive a fair settlement.
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With more than 100 years of combined experience, the personal injury lawyers at Regan Zambri Long PLLC will fight for your rights. Having legal counsel on your side allows you to concentrate on your health with the confidence that your attorney is protecting your best interests.
Workers’ compensation is a form of insurance that pays workers who are injured on the job. Washington DC law states that all employers must obtain this coverage, much like an insurance policy, when they open their business. It outlines how the worker can obtain the benefits and the conditions under which the injured worker can collect the benefits.
Workers compensation is designed to protect both the employer and the employee in the event of a workplace injury. Employees who suffer work injuries are covered by their employers’ workers’ compensation policy. They are paid money to cover the costs of medical treatment and lost wages associated with their injuries. In return, the employee waives all rights to sue their employer because of the injury.
The benefits you can collect under workers’ compensation are:
There are several steps the employee has to take in order to file a successful workers’ compensation claim. With a Regan Zambri Long workers’ compensation attorney by your side, you will have the benefit of a legal expert making sure all the deadlines are met and the paperwork is filled out correctly.
The workers compensation process to file a claim for a workplace injury as a medical or nursing assistant in Washington DC is:
There are three requirements nursing and medical assistants need to meet in order to receive workers’ compensation in Washington DC:
If you are an independent contractor, a gig worker, a consultant, volunteer, or other form of “casual” employee, you may not be eligible for benefits.
DC law states that most employers must obtain workers’ compensation insurance when they first open their business. In fact, if they do not carry workers’ comp coverage, a business can be fined up to $10,000. However, if you are an employee of the government, a railroad company, a maritime company, or a real estate firm that pays on commission, your employers may be exempt from carrying workers’ compensation coverage.
In order to qualify for benefits, the injury or illness you sustained must have taken place at work or while you were performing the duties related to your job.
Another twist in receiving workers’ compensation benefits is the “going and coming” rule. This rule states that your commute to work and your actual work duties are separate. Therefore, if you were injured traveling to or from work, you will not be eligible to receive workers’ compensation benefits. The exceptions to this rule are:
The Regan Zambri Long nursing and medical assistant workers’ compensation attorneys are deeply knowledgeable in workers’ comp laws and can guide you through the claims process. They will work to prove the cause of your workplace injury is directly related to your duties and that the injury or illness occurred on the clock. Call today for a free consultation to get your claim started.
Nursing and medical assistants have extremely physically demanding jobs that require endurance, strength, and health. Despite the growing need for medical professionals, nurses suffer more injuries than construction workers. The most common types of injuries we see with nursing and medical assistants are:
Medical and nursing assistants are essential roles in the healthcare community. They provide basic care for patients in hospitals and nursing facilities. They often take on clerical duties, as well. Assistants help with patient examinations, drawing blood, administering medications, collecting lab tests, reposition bedridden patients, and answer patient call signals. Whether you are a medical or a nursing assistant, it is a labor-intensive job that is mostly done on your feet.
Because assistants have direct contact with their patients, many workplace injuries are a result of caring for patients. About 46% of medical and nursing assistant back injuries occur when they lift their patients. Medical and nursing assistants are also in danger of slip and fall accidents and needlestick injuries. Needle stick injuries, which are given little attention, often occur while the nursing or medical assistant is drawing blood or disposing of the needle after administering an injection.
The Regan Zambri Long workers’ compensation lawyers understand that medical and nursing assistants are often overworked and under recognized. While tending to the care and health of others, their labor-intensive job creates a number of problems for their own health and well-being. Injuries on the job are frequently overlooked.
Our experienced workers’ compensation lawyers appreciate the sacrifice nursing and medical assistants make on a daily basis. We will work to ensure you are properly compensated for the injuries sustained on the job. Get the legal representation you deserve.
A: Your Regan Zambri Long personal injury lawyer will use the following evidence to prove your workers’ compensation claim:
After it is proven that you were on the job when you fell ill or got hurt, your workers’ compensation attorney will use the following to collect workers’ comp damage:
A: The Washington DC workers’ compensation program is a no-fault system, which means it won’t consider fault when you submit your claim as long as the injury took place during the course of your job duties. However, there are circumstances when a third party could be held liable for your injuries. For example, if you are a nursing or medical assistant and were injured from a piece of equipment while on the job, you may have a third-party case against the equipment manufacturer. You will need the following to prove your case:
It is important for you to know that you can recover workers’ compensation damages while pursuing a personal injury claim against a third party. Speak to a Regan Zambri Long personal injury lawyer today and discuss all your legal options.
A: There is no cap on medical benefits under Washington DC workers compensation. Any medical bills from your work injury will be fully covered and will continue to be covered for as long as you need medical care. Disability payments will equal to about two-thirds of your average weekly wage prior to getting injured. If you were permanently disabled due to your work injury, you may be eligible to receive supplemental payments on top of the weekly workers’ compensation pay.
A: Quitting your job before you submit your workers’ compensation claim can hinder you from receiving benefits for your injury. However, if you quit your job after your claim is filed, you will still be able to receive benefits. One of the most important things to note is that it is illegal for your employer to fire you for submitting a workers’ compensation claim. If you believe that your employer is retaliating against you for filing a claim, call the offices of Regan Zambri Long immediately to discuss the best legal strategies. Your workers’ compensation lawyer may decide that receiving your benefits in one lump sum will be more beneficial than a weekly payout.
A: Being injured at work is extremely stressful. Not only do you have the financial burden from an onset of unexpected medical bills, but you may also be missing work and wages due to the injury or illness. At Regan Zambri Long, we understand what you and your family are going through and we will do everything we can to ease the burden of the claims process so you can focus on recovering. While it isn’t required to have legal counsel for a workers’ compensation claim, it most certainly is advisable. Our workers’ compensation lawyers at Regan Zambri Long can advocate for you if employer denies your claim, if your employer tries to retaliate against you for filing a claim, if your settlement offer is too low, or if you require additional compensation. Call today for a free consultation with a seasoned workers’ compensation lawyer so you can recover the damages you deserve.
