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You might think it'll never happen to you, but there's a good chance you'll get injured at work. In 2019, the National Safety Council's Injury Facts sheet reported 48.3 million injuries and 173,040 preventable deaths in the workplace. But, given that many injuries go unreported, this number could be much higher.
Thankfully, with few exceptions, Utah employers are required to carry workers' compensation insurance. This helps cover medical expenses and provides a modest wage until you're unable to return to work. In the case of a workplace death or inability to return to work, workers' compensation insurance pays benefits to an employee's family. It doesn't matter whether the accident was the employer's or the employee's fault.
But if you think it's an easy way to get rich, think again. Benefits are typically minimal and designed to simply keep a family afloat while the injured worker recovers. Most workers would gladly give up their workers' compensation benefits if it meant the injury never happened in the first place. The road to physical and financial recovery can be long — and painful.
The Workers' Compensation Fund encourages employees to stay safe with the tagline, "Be careful out there." But another reason to be careful out there is that insurance companies do not like to pay for these claims. They will often use every means at their disposal to delay or avoid payment altogether.
That's what happened to Craig (whose name has been changed) before he sought professional legal help.
Legally defining a permanent disability
Craig was a family man — husband and father of three children. He worked for a railroad routing freight, maintaining locomotives, track and equipment, and moving train cars from place to place around the depot. One day, as he uncoupled a slow-moving freight car, he tripped and fell under the wheels, losing both legs above the knees.
For a number of years, the workers' compensation carrier paid for his medical treatment, prosthetic legs, and a monthly pension for his inability to work. His employer, however, out of a sense of compassion and duty, specially tailored a light duty job and kept him on as a paid employee. Having this job benefitted both his family and his mental health because he had something productive to do each day.
Things changed when another insurer took over handling the claim from the previous workers' compensation carrier. They saw that Craig was working at a full-time job and therefore, by definition, was not "permanently, totally disabled." They cited a statute that allows an insurer to cut disability benefits in half if a so-called permanently and totally disabled worker is employed and earns a salary above a certain threshold. They argued that — by definition — he was not permanently and totally disabled. Craig came to Davis & Sanchez for help in restoring his lost disability benefits.
After filing a complaint with the Utah Labor Commission, Davis & Sanchez negotiated with the new workers' comp insurance carrier. They pointed out that under Utah law, there are two ways to be found permanently, totally disabled. One way is to have a judge determine that an employee is no longer able to perform job functions he has in the past and at the same rate of pay he was earning when he was injured. The second way to be found permanently, totally disabled is to meet one of several conditions written into law.
As it turns out, losing two limbs is, under Utah law, a permanently and totally disabling condition by definition. The ability to do work of any kind may not be considered in reducing such a person's benefit. Craig's benefits were restored. And thanks to his employer, he continues to live a productive (though not pain-free) life and he can support his family.
Many workplace injuries aren't reported
What happened to Craig could easily happen to you or to those you love.
In 2019, the U.S. Bureau of Labor Statistics reported that an average of 2.8 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains and tears. Transportation accidents accounted for the most common cause of work-related deaths.
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through worker's compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.
If you have been injured at work get help!
If you suspect you aren't receiving the compensation you rightfully deserve for a workplace injury or illness, it's important to act quickly. Let the award-winning team of attorneys at Davis & Sanchez help. As a law firm focused solely on workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is your best option.
Contact them today to get the help you need.
