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WORKER'S
COMPENSATION
Even though the
workforce in the United States has steadily
increased, chances of being injured at work have
actually decreased. There are several reasons
for this. Through State and Federal legislation
and indeed, through lawsuits brought by
Plaintiff’s attorneys, much of the machinery and
equipment used today is safer than machinery and
equipment used in the past. In many aspects, in
the past, the worker was simply treated as a
“cog” in the wheel of industry. |
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If the worker broke down, just like a cog, he
could simply be replaced. That is no longer the
case. There have been great strides made through
technology, engineering and the dreaded lawsuit,
that have protected workers. Additionally, our
workforce has changed. More and more of our
occupations are less physically demanding with
many manufacturing jobs going overseas. As a
result, our chances of being injured while at
work have decreased. Nevertheless, every year in
Utah, there are typically 60,000 to 70,000
reported injuries on the job.
The vast majority of these cases are taken care
of by the employer or its insurance carrier
without the need of legal counsel. Workers’
compensation is a “no fault” system. That means
the injured worker does not need to show the
employer was at fault before benefits will be
paid. Likewise, the employer cannot claim the
injured worker was at fault in order to avoid
paying workers’ compensation benefits. Because
of this no fault system, many times you do not
need the help of an attorney because the workers
compensation insurance company will pay your
medical expenses and the statutory required 2/3
of your wage. Indeed, here at Aaron J. Prisbrey,
P.C., we cannot assist you unless there has been
a denial of benefits in your case.
While the workers’ compensation insurance
carrier for the employer will typically pay
benefits in most work related accident, it
appears that the denials normally relate to
significant injuries, such as permanent
disability claims and requested complex
surgeries such as neck and low back operations.
It is denials of these significant injury claims
in which Mr. Prisbrey concentrates the workers’
compensation part of his practice.
Mr. Prisbrey has tried literally hundreds of
these cases involving permanent disability or
significant surgical denials. These cases are
quite complex, and indeed, few attorneys are
willing to take on these cases. If you have been
seriously injured in a work accident and it
appears you will not be able to go back to work,
or if a major surgical procedure is being
denied, browse our site,
order one of Mr. Prisbrey’s books and contact us.
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