Workers’ Compensation Claims

Legal Questions and Answers about Worker’s Compensation

Q. Who pays workers’ compensation benefits?
A. Employers are required to purchase insurance for their employees from a workers’ compensation insurance company. In some instances larger employers who are clearly solvent are allowed to self-insure or act as their own insurance company. Some smaller companies (fewer than four or five employees) are not required to carry workers’ compensation. When a worker is injured, his or her claim is filed with the insurance company (or self insuring employer) who pays medical and disability benefits according to a state-approved formula.
Q. Are all on the job injuries covered?
A. Most are. The workers’ compensation system is designed to provide benefits to injured workers no matter whether an injury is caused by the worker’s negligence, or by the employer’s negligence. This “no-fault” system however, has some limits. Generally, injuries caused because an employee is intoxicated or using illegal drugs are not covered. Coverage also is typically denied when injuries are self-inflicted (including starting a fight), when injuries are suffered while a worker is committing a crime, when the employee was not on the job, and when injuries occurred when the worker was violating company policy (typically safety concerns).
Q. Does an injury have to have a definite date of onset in order to be covered?
A. No. Your injury does not need to be caused by an accident, such as a fall from a ladder. Many workers receive compensation for repetitive stress injuries, including carpal tunnel syndrome and back problems, and for injuries caused by overuse or misuse over a long period of time. You may also be covered for some illnesses and diseases that develop gradually as a result of work conditions, such as heart conditions, lung disease, and stress-related problems.
Q. Am I covered by workers’ compensation?
A. Most workers are eligible. Notable exceptions include business owners, independent contractors, casual workers, domestic employees in private homes, farm workers, maritime workers, railroad employees, and unpaid volunteers. Federal government employees are also excluded from state workers’ compensation laws, but they can receive benefits under a separate federal law. Finally, employees who work for an employer who employs only a small number of people (typically three to five) may not be covered, as state laws do not require the employer to obtain coverage.
Q. Do I have to be injured at my workplace to be covered by workers’ compensation?
A. No. As long as your injury is job-related, it will be covered. For example, coverage exists if you are injured while traveling on business, doing a work-related errand, or even attending a business-related social function.
Q. If I am injured on my lunch hour, am I covered?
A. Usually not, as it would be considered outside of the scope of your employment relationship.
Q. How do I claim workers’ compensation benefits?
A. First, promptly report the injury or sickness to your employer. There is usually a time requirement, so don’t delay with this! If an injury occurs over time, you must report your condition soon after you discover it and realize that it was caused by your work. Next, get the medical attention you need and follow the doctor’s instructions exactly. This may include a restriction from work entirely, or a limited duty restriction. Finally, file a claim with your workers’ compensation insurance carrier. Necessary forms must be provided by your employer. Make sure you save copies of all correspondence with your employer, its insurance carrier, and your doctor concerning your claim.
Q. What kind of benefits will I receive?
A. You are entitled to receive replacement income, medical expenses and vocational rehabilitation benefits, if appropriate. The rehabilitation benefits can include on the job training, schooling, or job placement assistance. Disability compensation is typically paid at a rate of two-thirds of your average wage, up to a fixed ceiling. If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment you may be entitled to receive will vary depending upon the nature and extent of your injury.
Q. Can I be treated by my own doctor?
A. Usually not. If your employer or their worker’s compensation insurer does not specify a doctor for you to see, then you can pick your own doctor to care for you. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers and their insurance companies. The doctor’s report will have a big impact upon the benefits you receive. It is crucial that you tell the doctor the truth about both your injury and your medical history (your benefits may be denied if you don’t). Be sure to clearly identify all possible job-related medical problems and sources of pain. This is not the time to downplay or gloss over the presence of a problem or pain. Keep in mind that a doctor paid for by your employer’s insurance company is not your friend. The desire to get future business may motivate a doctor to minimize the seriousness of your injury or to identify it as a pre-existing condition. For example, if your injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to detail for the doctor a 20 year history of every time you suffered a minor ache or pain. Just say “no” unless you really have suffered a significant previous injury or chronic condition.
Q. If I’m initially treated by a company doctor, do I have the right to see my own doctor at some point?
A. Again, usually not. If the company doctor refers you to your doctor, then it will be accepted and you will continue to get benefits. You may, of course, at any time, get a second opinion, which you would have to pay for, and if your doctor significantly disagrees with the opinion of the company doctor, and the treatment plan, then it would be appropriate to have your doctor call the company doctor and discuss the differences.
Q. What happens if I did have a pre-existing injury, and an accident at work aggravated my condition?
A. If a prior medical condition becomes aggravated, accelerated or exacerbated by a work accident, the workers’ compensation insurer is responsible for the increased disability, including medical treatment.
Q. What if my employer tells me not to file a claim, or threatens to fire me if I do so?
A. This is illegal! If this happens, immediately report it to your local workers’ compensation office.
Q. My employer has a small business and all employees are key. Can I be let go if he has to fill my position because I can’t come back in a timely manner?
A. Yes. The law does not require an employer to hold a job for any length of time. When the time comes and you are able to return, if there is no job available, you are entitled to continuing benefits.
Q. Can I bring a claim against anyone else, in addition to the workers’ compensation claim?
A. Yes. In many instances, you may bring a claim against the ultimate wrongdoer. This is called a third-party action. Sometimes the claim is against the premises owner or the manufacturer of a defective product. There may be claims against another driver if you are injured because of their negligence. Normally, there is a “lien” , or claim, by the workers’ compensation insurance carrier, against the recovery from the ultimate wrongdoer. In this fashion the worker does not receive “double” benefits, and the insurer gets reimbursed by the party who is ultimately responsible for causing the injury.
Q. Can my spouse recover for loss of services, and for participating in my care?
A. No. Benefits are paid to you for your loss. Your spouse’s assistance is considered gratuitous. Additionally, there are no “punitive damage” awards under workers’ compensation.
Q. If I die as a result of a fatal work accident, may my dependents obtain benefits on my behalf?
A. Yes. Dependency status is determined by statutory language. A spouse and children living with you at the time of your death are presumed to be dependents. The amount of benefits are usually determined by the wages in effect at the time of the accident.
Q. Do I need an attorney?
A. For minor and short-lived injuries, usually no, you don’t need an attorney. If you have suffered a serious or permanent injury, or all or part of your workers’ compensation claim is denied, it is appropriate to hire an attorney. Legal fees in workers’ compensation cases are limited, typically between ten and twenty-five percent of any eventual award, and are paid by the insurance company.

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Roberto Pereira
Roberto Pereira
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Avi Santizo
Avi Santizo
1731626924
Muy agradecidos, con la ayuda de la señorita Evelyn Amaya en la oficina de Manassas. Una excelente persona y con un carisma que da gusto hablar con ella le explica a uno de buena manera los detalles. Le doy mas de 10 estrellas a la señorita Evelyn Amaya y la oficina de Paul Samakow
Luis Amaya
Luis Amaya
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Great to work with Evelyn Amaya was the Best!! Thank you All i am happy
Jisela Guillen
Jisela Guillen
1729888411
Mercedes Henriquez
Mercedes Henriquez
1729796521
Todo bien solo que se tomo tiempo. Estoy agradecida con el abogado.
Edgar112orellana@gmail.com Edgar
Edgar112orellana@gmail.com Edgar
1727874325
Evelyn and Rocco were incredible. Rocco did his best to get me the most for my case and Evelyn walked me through the hardships and what to expect. Now Paul! I love honesty and straight fordwardness... if that's a word. Paul was great, his team made me feel safe and showed me what to expect. Thank you all for what you did. From my family to yours.
Ryan Campbell
Ryan Campbell
1727627276
I first got injured ( burned in a sensitive area) and I didn't know what to Expect or what to to next. I found Mr samakow and his group online, read.some reviews and gave them a call. Mr samakow took my call and we began the process of gathering details.Throughout this case I was anything but easy to work with - I was frustrated and upset with the insurance company often.Life was happening too fast around me to begin with, and this is without considering the stress from the case itself.However, through all of this chaos and confusion, Mr samakow remained calm, and for the most part found a way to accommodate me at every turn the case took. He was honest about his intentions, and always transparent. My case settled in roughly 15 months!Thanks to paul, and the samakow law group for your patience and professionalism!I'd use again, and I highly recommend. 👌Best regards,Ryan s.
Juan Benavides
Juan Benavides
1727256055
I got in a motor accident in the beginning of the year. had the pleasure of working with the Law offices of paul A. Samakow, and I cannot recommend them highly enough. From the moment I walked in, the staff made me feel welcome and at ease.A special shoutout to Paralegal Evelyn, who was incredibly knowledgeable and attentive throughout the entire process. She took the time to explain everything clearly, answered all my questions promptly, and truly went above and beyond to ensure I felt supported. Her professionalism and compassion made a challenging situation much more manageable.The attorneys at the firm are equally impressive, demonstrating expertise and dedication to their clients. I felt confident in their hands, and they delivered outstanding results.Thank you Evelyn, and the entire team, for your exceptional service!
T Marie Hayes
T Marie Hayes
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Ludvin Mendez
Ludvin Mendez
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Excelente abogado muy recomendable trabajo 100% garantizado
Alyncia Proctor
Alyncia Proctor
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Taina Hoyt
Taina Hoyt
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Melissa is amazing professional employee I will always come back to get services from this firm
Ashley Ruiz
Ashley Ruiz
1725621882
I had an accident by the beginning of the year, and we contacted them to represent me, they were amazing, process took less then a year, and it was super fast, Evelyn was so helpful and amazing.
Edwin Perdomo
Edwin Perdomo
1725391550
What a great law firm Mrs. Evelyn Amaya kept me notified and up to date on everything and ensured me her and her team had my back and no matter how frustrated I was they spoke with respect and dignity to me which I admire, they really know there stuff, thank you again
Joe Musso
Joe Musso
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I've been a nursing home abuse attorney for 25 years. In Virginia the legislature codified understaffing cases for attorneys like me in direct response to the case of Alcoy v. Woodbine which Paul Samakow litigated and won! In short, nursing home residents in Virginia are more protected because of Paul Samakow. Having now gotten to know him better I am moved by how caring and compassionate he is. An attorney that is brilliant and capable coupled with a loving passion for his clients is a dangerous combination. If you are considering hiring an attorney, Paul Samakow will not let you down.
Hemanta Shrestha
Hemanta Shrestha
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I was thankful for the experience with this firm, Filly came in and assisted me with my case and i appreciated it that he was always a phone call away . Thank you so much Paul and. Filly for your friendly, impressive and fastest service and co-operation. Definitely I Will recommend to friends
M DLC
M DLC
1725374258
Recomiendo a Melissa porque es una persona muy profesional dedicada inteligente amigable y muy responsable en lo que hace.Porque ganan todos los casos
Rosa Machado
Rosa Machado
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Tuve un accidente hace 5 meses atrás y fue un bendición que dios nos dio que encontré esta firma de abogados. Son muy profesionales y muy eficaces en el trabajo que hacen. Muy satisfechas y los recomiendo 100%. Muchas gracias a Melissa Rodríguez y a su firma de abogados paul samakow a quien nos ayudó en este caso.
Josephine Agyeman
Josephine Agyeman
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Melissa Rodriguez was very nice to me.She did an excellent job
Gary Njr
Gary Njr
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Love!!! They help me so much and stress free!!!! Eve help answer all my questions without hesitation. Would recommend 100%
deniz Yilmaz
deniz Yilmaz
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Mr. Samaria helped me with my case. He is a people’s person and very attentive. His office staff was very helpful as well. Thank you Mr.Samakow
Candice Wright
Candice Wright
1718329991
Paul is excellent I trust him with my life. He took on my case not even being in his own state, he had to get a special license to practice in my state just for my case. He took very good care of me and I was a pain in the butt! He assured me that I've made the right choices. He educated me on a lot of things, step by step process. The thing that got me the most was he goes above and beyond professionalism. He keeps you well informed. He's an excellent lawyer ! I can say that he did my case Justice and you'd be a fool not to hire him . Paul will have your best interest first and foremost I can tell you that is fact!
Andreina Sorto
Andreina Sorto
1717639258
I had a great experience with this law firm. They helped me in so many ways and made sure everything was taken care of. Eve is the best paralegal i’ve had and she always ensured i knew what i was going on with my case. I highly recommend this firm to anyone who has gotten into an accident and needs guidance.
Noelia Ortiz
Noelia Ortiz
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Melissa is a great person she did a wonderful job. I will forever be grateful.
Joana Juarez
Joana Juarez
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I have always cane back to them if I need them for any accident. This office I highly recommend.
Christian Marable
Christian Marable
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Eve was very helpful throughout my case, I would definitely recommend having her help you!
Mauricio Valeriano
Mauricio Valeriano
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Excelente atención.
Genesis Cleaningco
Genesis Cleaningco
1705097681
My name is Lorenzo Ventura I am very happy with the services I received from the law firm I take my case to another law firm they say my case was to small then I call Mr Paul the answer was yes will take your case thanks for everything
Hatti Chase
Hatti Chase
1702491619
It was a very long process. Having patience for the due justice was the hardest part. All the staff was always very friendly, respectful, and informative of the process. I appreciated the short videos to explain the process and birthday well wishes. I have never been through anything like this. So this hopefully is my first and last. To only receive a mere small amount in the range of $2,600 the other $3,000+ came from my job. So that was hurtful, because someone there or at the insurance company spoke on my behalf saying they did not think my injury ..."a ripped ligament in my knee" was caused by the car crash, and it was degeneration. That was not true. Even the doctor told told me, showed me, and gave me a video of my knee along with documentation for the results of my knee injury. You have it as well. It can never be repaired properly, it is a permanent injury. It will get worse over time. That part was hurtful. Thank you ALL anyway for what you have achieved on my behalf. And may your company have much more success for others. Have a wonderful holiday. Sincerely Mrs. Chase❤🎀🎉🎊
Kate Morin
Kate Morin
1701017973
Paul Samakow is a wonderful attorney! I had a horrible slip and fall accident due to my ex-boyfriend's family's negligence with a patch of ice on their patio (which they knew about but gave me no warning, still inviting me onto the patio). My ex was high as a kite! I severely broke my elbow and it required surgery. Never got an apology from the family and they never took accountability. I had to drive myself home so my mom could take me to the hospital that night. I'm still in pain every day almost two years since the injury and over a year of PT. I permanently lost 10% grip strength in my dominant hand. Paul immediately felt empathy and compassion for my situation and the emotional and mental trauma the injury caused. He took my case and fully believed in it from the start. He took all necessary steps (and more), demanded a settlement from the homeowner's insurance company, yet my ex and his family lied about the details of the accident causing them to deny the first claim. Did Paul let these people get away with that? Heck no! He demanded a settlement again and negotiated beautifully. We recently settled after over a year of hard work on this case and I will be forever grateful. I got the closure I needed. I can finally work on overcoming the emotional and mental trauma and move on! Paul is also very responsive to texts and phone calls, even on weekends. A 24/7 lawyer! I had friends and family discouraging me from taking legal action, but I knew what I needed to do. Overall, a very supportive and wonderful experience with Paul Samakow. He went above and beyond. If you ever have an injury in which someone else is liable, Paul is your guy!
Rosa Diaz
Rosa Diaz
1700107933
I rally reccomend Paul And His team they really helped me
Donna Taylor
Donna Taylor
1700087847
I couldn't be any more pleased with the way Paul handled my case. He was communicative, patient, professional, and settled my case very quickly. I am so happy with the outcome. When he tells you what he thinks he can get, believe him. He was on point, and I can't thank him enough.
Karen Colato
Karen Colato
1700007203
Paul A. Samakow has been so wonderful to me. Truly a praiseworthy lawyer! My mother always wanted me to hire Paul A. Samakow as my attorney. It has been the best decision I could have ever made. I highly recommend The Law Offices of Paul A. Samakow, P.C. I am very pleased and satisfied to have found this law firm to represent me. I am thankful from the bottom of my heart. I am also absolutely grateful for the above and beyond priority my case was given since the beginning. Franklin Winters went above and beyond to help me get back on my feet. He has done an exceptional job. I remember when I first came into the Manassas office with my mother. We didn’t know what to expect or what the next step would be. We were so confused and had many questions. I was also in a lot of pain. Franklin Winters explained everything clearly and in detail. He had an answer to all our questions. He also set me up into receiving physical therapy to start recovering. I started my physical therapy the same day that I signed the contract. He helped me throughout the whole process. He was keeping me informed on everything being done on my behalf. Franklin Winters gave piece of mind to me and my family. I can’t say enough how please I am. Franklin is an outstanding Legal Assistant. Also the wonderful staff for the hard work they put into helping me with my case. I am also very pleased with the settlement and the progress which was very rapid. The speed with which you brought this case to a finish, was just great! Thanks again for all your hard work. I’m glad I chose you to represent me. I don’t see how anyone could have done a better job than The Law Offices of Paul A. Samakow, P.C. Thank you so much. God Bless.
Kelly Herbert
Kelly Herbert
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Juana Ferrufino
Juana Ferrufino
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Someone referred me to Pa Samakow. I heard he is well known with the Hispanic community. I’m satisfied with the amount of money I got. I would highly recommend Paul to anyone who needs legal representation.
Marlon Perez
Marlon Perez
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Hilton Soto
Hilton Soto
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I got what I feel like I deserved and I hope I can be an example to trust this place and to always never lose hope. Just trusting them with there staff and I am forever grateful!
Katherine Guerrero
Katherine Guerrero
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My experience with Mr. Samakow and his team was nothing but positive. Did a great Job with my Case . Very informative during the whole process.
Aykut Yekeler
Aykut Yekeler
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rebeca alvarez
rebeca alvarez
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I had Mr.Samakow for my case and he did a fantastic job on following up and updating us and did his very best for my case. I highly recommend Mr. Samakow!
Anibal Argueta
Anibal Argueta
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