Workers' compensation claims are the cornerstone of our successful law practice that focuses on personal injury claims. Whether your work-related injury claim was initially denied because your employer is uninsured, you are an independent contractor, or had a preexisting medical condition, we can help. We also can steer you through the complex interconnectedness of workers' compensation, third-party tort claims, and Social Security Disability claims.
As one of Montana's top workers' compensation attorneys handling hundreds of claims, Garry D. Seaman has been helping clients injured on the job to receive their due compensation for 20 years. Mr. Seaman began his legal career as a defense attorney for the other side, and from this he learned the common tactics used by employers and insurance companies to minimize your benefits.
From our law offices located in Kalispell, Montana, our workers' compensation lawyer serves clients throughout Flathead, Lake and Lincoln counties, and in the communities of Libby, Polson, Whitefish, Columbia Falls, Bigfork, Somers, Lakeside, Plains, Thompson Falls, Eureka, and Missoula. We encourage you to read the information below and then contact us now for skilled guidance and legal advice from Montana workers' compensation attorney Garry D. Seaman. Initial consultations are always free.
Workers' Compensation - An Overview
US employers and their employees rely on our dependable workers' compensation system to resolve disputes about vocational injuries and disease and to provide for related worker needs. Workers' compensation benefits are commonly awarded for work-related injury, illness and death, helping to meet the needs of injured workers and their families even when faced with overwhelming situations. If you or your family member is injured or becomes sick in the course of employment, an experienced and skilled workers' compensation lawyer from our firm can assess your potential workers' compensation claim.
History and Origin
The idea of workers' compensation has its origins in Germany in the early 1800s. The industrial revolution brought dangerous new workplaces into existence such as railroads, factories and mines with accompanying increases in injuries, deaths and new work-related diseases. Social and political sympathy for the common worker grew and led to the enactment of early workers' compensation legislation.
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Employer Retaliation against the Workers' Compensation Claimant
Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.
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Workers' Compensation Death Benefits
In addition to workers' compensation benefits for workers for their job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors have the right to receive death benefits through their states' workers' compensation systems. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a knowledgeable workers' compensation attorney can advise you about workers' compensation death benefits.
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Rather than Collecting Workers' Compensation, May I Bring a Lawsuit Against My Employer?
Workers' compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers' compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers' compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers' compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes.
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What Are the Vocational Rehabilitation Rights of Injured Workers?
Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers' compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers' compensation benefits.
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Workers' Compensation Resource Links
AFL-CIO
Federation of 54 labor unions provides information on workers' compensation and links to information on occupational health and workers' rights.
Bureau of Labor Statistics (BLS)
Provides statistics and articles on injuries, illnesses and fatalities in the workplace from the federal government's labor statistics agency.
Job Accommodation Network (JAN)
A free consulting service for workers with disabilities and their employers from the US Department of Labor that provides information about job accommodations, the Americans with Disabilities Act (ADA) and the employability of people with disabilities.
Legal Information Institute
Overview of workers' compensation law from Cornell Law School.
National Institute for Occupational Safety and Health (NIOSH)
Provides comprehensive information on workplace injuries from a division of the Centers for Disease Control and Prevention (CDC).
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