State-by-State Workers’ Compensation Laws Dehumanizes Injured Employees

What is limb worth? How about an eye or an arm? Sadly, the answer is not as straightforward as some might hope. You see, the state-by-state workers’ compensation laws give each state the right to set their own personal limits for severe injuries. This includes limits for injuries that result in permanent disability. Why is this important, and how can it impact your work injury case? The following explains further.

Because each state has the right to set their own limits for injuries, employees may see very different amounts for the same injury. For example, a man who lost a portion of his left arm in a machinery accident in Alabama received $45,000 in benefits. In Georgia, just 75 miles from where that man lived, another experienced the same type of injury, in the same line of work. He received benefits that could surpass $740,000 over the course of his life.

Each has two children and a wife to support. Each likely has roughly the same expenses to cover. Yet their paths in life since the injury have (and will likely continue to be) extremely different. One may be able to consistently pay his monthly bills while the other will likely have to return to work, despite his disability, to support his family – all because one state offers less compensation than the other.

As if the lack of consistency for an injury were not concerning enough, workers who are injured must often face delays, denied claims, and rigid requirements. They struggle to get the services and accommodations they need. One heart-wrenching example is the San Bernardino man that spent five years fighting his workers’ compensation insurance company to get updates to his home approved. Wheelchair bound after a work injury, he spent that entire time in a long-term care facility, away from his family, and unable to even make it through his front door. His case is not unique. It is not rare. In fact, it happens to injured employees a lot more often than most realize.

When you or someone you love is injured on the job, you should not have to fight for fair or timely compensation – but you might have to. Thankfully, you can have Corsiglia, McMahon & Allard, LLP on your side. Dedicated to your best interests, our San Jose workplace injury lawyers will aggressively pursue the most favorable outcome possible for your situation. We may even be able to help you recover damages beyond workers’ compensation. To learn more, call (408) 289-1417 and schedule your personalized consultation today.

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