When you file and accept a workers comp claim for an injury obtained on the job in West Virginia, you relinquish your rights to sue your employer for negligence. This means that upon acceptance of benefits, you have to agree to a specified amount of workers comp insurance payments for the duration of your recovery. For many West Virginians, though, these payments are not enough to pay all the bills coming in, including household expenses as well as medical bills incurred as a result of the injury.
If you’ve been hurt on the job and your employer is denying you adequate workers compensation benefits, you might feel helpless in the situation. But that doesn’t have to be the case. If you’re being underpaid or under covered by workers compensation or you have been denied altogether, it’s important to contact a workers compensation lawyer. A lawyer can figure out the facts of your case to decide whether or not you can collect further benefits for your injury. In addition, a lawyer can advise you prior to accepting benefits in case you’re considering a civil lawsuit for damages in lieu of workers comp benefits. You can also file suit against negligent third parties, even if you are accepting workers comp benefits for your injury.
Changes to the Maximum Benefits Allowance in West Virginia
On July 1, 2009, the West Virginia Office of Insurance Commissioner published the new maximum benefits allowances under workers compensation coverage. These allowances are calculated at 135% of the rates set forth by Medicare for numerous areas of care, including inpatient, outpatient and managed care services, just to name a few. Often times, though, these allowances are simply not enough to cover the cost of lost wages and medical expenses combined. Even if you’re receiving benefits, you can appeal your case in West Virginia. Contact a reliable workers comp attorney to find out more information.