Nursing and Medical Assistant Workers' Compensation Lawyer

We Fight for the Compensation You Deserve

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.

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What Is Workers’ Compensation?

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:

Medical expenses such as hospital bills
Lost wages or lost income
Vocational rehabilitation costs
Permanent disability benefits
Death benefits

woman injure with bandaged arm signing insurance papers

How Do I File a Workers’ Comp Claim in Washington DC?

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:

Report your injury to your employer within 30 days: If the injury is not reported within that window, you may forfeit the opportunity to file a workers’ compensation claim.
You should seek medical care for your injury as soon as it occurs. If you wait to seek medical care, your employer can use that as grounds for denial of the claim.
You must report, in writing, your injury or illness to the Office of Workers’ Compensation within 30 days of the injury or becoming aware of your illness.
You must complete the DCWC Form 7, which acts as a formal notice of your injury or illness. Once completed, the form should be sent to your employer and to the Office of Workers’ Compensation.
Make sure to keep a copy of this form for your records, including the date you filed. If there is any question of when you filed the claim, your lawyer will use this documentation to prove you filed the claim on time.
Fill out the DCWC Form 7A within one year of the injury, illness, or death of the employee.

How Do I Know if I Am Eligible for Workers’ Compensation?

There are three requirements nursing and medical assistants need to meet in order to receive workers’ compensation in Washington DC:

You must be a regular employee in the private sector

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.

Your employer must obtain workers’ compensation coverage

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.

Your injury or illness must be work-related

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:

If you are being paid to travel for work.
If you are being paid during your hours of travel to and from work.
If you are driving a company car to and from work.

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.

How Are Washington, DC Nursing and Medical Assistants Being Injured?

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:

Overexertion injuries: These injuries are a result from repeating the same motion every day, such as lifting patients, bending over, and handling equipment. Repetitive motion injuries and musculoskeletal disorders and back injuries are very common from overexertion.
Head injuries: Slip and fall accidents are fairly typical in hospital and nursing home settings. Concussions and traumatic brain injuries can be the result of a nursing or medical assistant falling on the job while tending to patients.
Needle sticks: Needle stick injuries most often occur in hospital settings, though they are on the rise in other medical facilities. Nurses who come in contact with needles run the risk of being pricked with a contaminated needle and are most common during the disposal of the needle.
Violence: Nurses, especially when working with patients who have cognitive disorders or are drug addicted, may suffer violence at the hands of their patients. Violence can range from pulled hair, bites, scratches, and skin breaks. Between 2012 and 2014, workplace violence injuries doubled for nursing staff. 95% of those injuries were caused by patients.
Exposure: Nursing and medical assistants have an increased exposure to pathogens, chemicals, infectious disease, gas, and radiation. Exposure to these things on a daily basis increases the risk of severe disease.

Washington DC Nursing and Medical Assistant Statistics

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.

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Frequently Asked Questions About Nursing and Medical Assistant Workers’ Compensation in Washington, DC

Q: How do I prove my workplace injury?

A: Your Regan Zambri Long personal injury lawyer will use the following evidence to prove your workers’ compensation claim:

Photographs of your injuries and of the scene of the accident.
Video/surveillance footage from your place of work.
Eyewitness testimony (co-workers, patients, visitors, etc.).
Pay stubs and attendance reports to prove you were on the clock when the injury took place.
Your medical records pertaining to the illness or injury.

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:

Medical bills related to your illness or injury
Pay stubs to prove lost wages

Q: What is a third-party workers’ compensation claim?

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:

Duty of care
Negligence of the third party
Your injuries were a direct result of their negligence

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.

Q: How much does workers’ compensation pay?

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.

Q: Can I leave my job or be fired while on workers’ compensation?

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.

Q: What should I expect from a Regan Zambri Long workers’ compensation attorney?

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.

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596