Workers' Compensation

It is your employer’s responsibility to provide all of the medical attention you need from the first visit to the emergency room to the doctor’s final release from care. This obligation of the employer only ends when the injured worker reaches maximum medical improvement. If the employer does not fulfill these obligations you should contact Elmore & Litton so we can give you a free consultation on your case.

Maximum medical improvement (MMI) occurs when the injured worker’s doctor certifies that his injury has improved as much as it is going to improve. Sometimes the recovery is total and the client has no permanent injuries. But if the client’s recovery is less than 100%, he is entitled to receive damages for his loss and any effect it will have on his future earning capacity. Insurance companies routinely underestimate this loss of future earnings. It is your attorney’s job to make sure that you receive full compensation.

You will likely be entitled to Temporary Total Disability (TTD). The amount of TTD you receive will depend on the average weekly wage you received at the time of the accident. You should receive your first TTD check within fourteen days of your accident.

Your treating medical doctor will determine your permanent medical limitations resulting from the accident. He may order a Functional Capacity Evaluation (FCE) to assist in this process. He will then assign a medical impairment rating, which is expressed as a percentage. Insurance companies will often offer to settle a workers’ compensation claim based on this percentage rating. At Elmore & Litton, we have had a great deal of success getting our clients 3 and 4 times the amount of their impairment rating. We can also secure compensation for future medical costs. Do not accept less than your case deserves. Once you have settled your claim it is almost impossible to get more money.

Yes, you can maintain a civil lawsuit against a third party if you can show that the third party’s negligence caused your injuries. Your workers’ compensation carrier may be entitled to get some or all of their money back out of your recovery from the negligent third party.