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The awards ceremony
Max (all names have been changed) was an extremely successful salesman for a large computer company. In fact, he was the top salesman for the year — an honor the company did not want to go unrewarded. As was customary, the company set a date early in January to honor outstanding employees at an awards ceremony.
That year's ceremony was to be held at a local ski resort, preceded by a full day of skiing paid for by the company. Max was excited and honored to be part of the festivities — that is — until he fell on the ski slope and suffered a massive head injury. Max incurred huge medical expenses, and it appeared that he would never be able to work again at any job that required verbal communication skills.
The workers compensation carrier denied any liability for the injury stating that Max was voluntarily participating in a non-work party that was outside the course and scope of his employment. This, they said, was an accident that occurred on his own time.
Max and his family contacted Davis & Sanchez for help. His attorney sought to recover his medical expenses, wages he missed from work, and to have him paid a very modest disability payment every week for the remainder of his life. Sadly, the maximum disability payment allowed by law was about one-eighth of the salary he earned at work.
During an interview with the attorney for the insurance company, Max was asked how he spent his days since his injury. In very halting and hard-to-understand words, he stammered: "Sometimes I let my little daughter paint my toenails." It was a sad case.
Fortunately, Davis & Sanchez settled the case, and Max was able to pay his medical expenses and receive a small monthly disability check. He never was able to return to work.
What benefits is an employee entitled to if injured at work?
Like other states, Utah requires employers to carry workers compensation insurance. In the event of an accident at work, this insurance is designed to pay an injured worker's medical expenses, a modest wage until the employee can get back to work, and modest compensation for a permanent impairment--such as consequences of a serious orthopedic surgery or an amputated body part.
In extreme cases, workers compensation insurance pays death benefits to an employee's family if the employee is killed, or a modest income for life if the employee is never able to return to work again. Whose fault the accident is (the employer's or the employee's) does not matter.
Workers compensation benefits are not a gateway to easy wealth. These bare-bones benefits are designed to keep an injured worker' family afloat financially until the employee can fully recuperate.
Most injured workers say they would trade their workers compensation benefits in a heartbeat for the accident never to have happened in the first place. Employees often lose good health, income, health insurance, ongoing retirement contributions, and future earning power following a serious accident at work--even with workers compensation insurance coverage.
Is it any wonder that the Workers Compensation Fund has adopted as its motto: "Be careful out there!" Another reason to "be careful out there" is that insurance companies do not like to pay. They will often use every means at their disposal to delay or avoid payment altogether.
Most workplace injuries aren't reported
What happened to Max could easily happen to you or to those you love.
In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains, and tears. Construction, transportation, and warehouse industries accounted for the most 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.
Have you 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.
