Am I Entitled to a Workers Compensation Settlement?

Hi. I’m Julia McGrath, a personal injury attorney here at the Dolman Law Group. Often times clients want to know whether or not they’re entitled to a worker’s compensation settlement, and whether or not they should accept the settlement that’s being offered to them by their employer’s insurance carrier. It’s important to note that every case is different.

Should I Accept My Settlement?

In evaluating whether or not you should accept a settlement, we look at what the medical bills are, where your injuries are, and whether or not the offer is a fair compensation to you for those injuries. A settlement is a mutual agreement between both yourself and the insurance carrier, and so it’s important to look at it as the final resolution of your case. There are a lot of important factors to consider when determining whether or not to take a settlement offer. Because of this, it’s critical to speak with an attorney familiar with worker’s compensation that can help navigate you through these issues, and determine whether or not this is the right course of action for you at that time. For more information on how to protect your rights, call us here at the Dolman Law Group. Thanks again for visiting our YouTube channel. I greatly appreciate your time. Look forward to seeing you soon. Click on our button here to describe the actual case.

By: Julia McGrath

Why Should I Review My Award Notice?

Reviewing the award notice that you get after a favorable decision is probably the single most important thing that we do. The award notices often contain errors. They can misstate the amount of time you are entitled to retroactive benefits. They can be wrong on the amount of benefits you’re supposed to get going forward, due to things like workers compensation offsets, and they can forget to discuss your auxiliary benefits – benefits that you are due for dependent children. Reviewing those records is something that we do very, very closely in order to maximize your benefits.

By: Lew Insler

Working While Applying for Social Security Disability Benefits

Hi. This is Lew Insler from Insler & Hermann, and today we’re going to talk about working while applying for, or receiving social security disability benefits. We feel our clients are better off financially and emotionally if they’re working. We never tell a client not to try to work, as long as their doctor approves, and a full answer as to whether or not you can work, depends on the specifics of your case. But generally, the following holds true. You can work at a level below what’s called Substantial Gainful Activity, and the amount for that changes each year, and still pursue your claim or continue to receive benefits. During the claims process, you can work up to three months in most cases, and six months under limited circumstances regardless of your earnings, and still use the original date of disability. That’s called an Unsuccessful Work Attempt, and it may actually help your claim.

Working After Winning Disability Claim

After you have been found disabled, you’re entitled to a Trial Work Period of up to nine months of an unlimited earnings, and those months don’t have to be consecutive. They can be within the first five years of your disability, after which any month in the next five years, where you make more than the Substantial Gainful Activity amount, you’re no longer entitled to benefits for that month. After those five years end, any month above Substantial Gainful Activity ends your entitlement to ongoing benefits. If you’re self-employed, it’s more complicated than just how much you were earning. Pensions, disability benefits, and other sources of wage replacement, do not affect your benefits. However, workers compensation might. The total of your social security disability and your workers compensation, can’t go over 80% of your past earnings.

By: Lew Insler

Workers Compensation Tax Implications

Your lost wage benefit and any proceeds you get from a settlement are not taxable. The federal government will not tax you on any of your workers compensation lost wage benefits.

By: Scott Sternberg

What Will My Workers Compensation Cover?

Workers compensation also covers long term problems, illnesses and conditions so long as those conditions arise out of your employment. If it can be proven that the major contributing cause of those conditions was the work accident then it will be compensable and covered.

By: Scott Sternberg

Workers Compensation Immunity

Generally speaking, your employer has workers compensation immunity, which means your employer cannot be sued for a work related injury. Workers compensation is your exclusive remedy. However, if you can prove your employer was grossly negligent, and that gross negligence caused your injury then you may be able to sue your employer in liability.

By: Scott Sternberg

Proper Steps to take to Avoid Social Security Claim Errors

Hi. I’m Lew Insler from Insler & Hermann. We’re going to talk about the most common mistakes we see with Social Security Disability claimants and when you should retain an attorney. The hardest part about a Social Security Disability claim is the initial application and the daily activity questionnaire. They come at the beginning, so get the attorney involved from the start to help you deal with the hardest part of your case, the most stressful, and the time when you have the most questions. Also, we win the initial claims at a far greater rate than the national average. The percentage of cases that are won at the later stage, particularly at the hearings, has also decreased. So you’re maximizing your chances of success by having us represent you right from the start and helping you with your initial claim.

By: Lew Insler

Calculate Workers Compensation

If a doctor says you’re unable to work and you’re out of work for at least seven days, workers compensation has to pay you at a rate of 66 and three thirds percent of what you earned on average during the 13 weeks prior to your accident.

By: Scott Sternberg