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	<title>Comments on: Injured at work, had urgent surgery, denied a workers comp. claim form. How much $ am I approx. looking at?</title>
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	<link>http://attorneyspersonalinjury.org/workers-comp-attorneys/injured-at-work-had-urgent-surgery-denied-a-workers-comp-claim-form-how-much-am-i-approx-looking-at/</link>
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		<title>By: MSAD</title>
		<link>http://attorneyspersonalinjury.org/workers-comp-attorneys/injured-at-work-had-urgent-surgery-denied-a-workers-comp-claim-form-how-much-am-i-approx-looking-at/comment-page-1/#comment-60</link>
		<dc:creator>MSAD</dc:creator>
		<pubDate>Sun, 04 Oct 2009 02:25:08 +0000</pubDate>
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		<description>Workers Comp is a completely different animal from tort liability (like w/ car wrecks). I don&#039;t handle WC (I do tort) but here&#039;s what I have picked up...

Workers Comp is an exclusive remedy - you give up your right to sue for tort and the employer gives up the right to argue that your negligence contributed to the injury. 

WC generally has a network of providers that you treat with. If you choose to treat with a provider that is outside the network, you could jeopardize your WC claim. 

One problem you have is proving that the injury occurred in the course of and scope of your employment. Did you notify your employer immediately after injuring yourself? Were their witnesses?

Once you get over that hurdle - workers comp frequently has a schedule of a max they will pay per week - the number of weeks is based on the type of injury. In essence they have a chart that says how much each body part is worth. 

This is really a question that your attorney should answer since they know the laws of your state and WC can vary significantly from state to state.</description>
		<content:encoded><![CDATA[<p>Workers Comp is a completely different animal from tort liability (like w/ car wrecks). I don&#8217;t handle WC (I do tort) but here&#8217;s what I have picked up&#8230;</p>
<p>Workers Comp is an exclusive remedy &#8211; you give up your right to sue for tort and the employer gives up the right to argue that your negligence contributed to the injury. </p>
<p>WC generally has a network of providers that you treat with. If you choose to treat with a provider that is outside the network, you could jeopardize your WC claim. </p>
<p>One problem you have is proving that the injury occurred in the course of and scope of your employment. Did you notify your employer immediately after injuring yourself? Were their witnesses?</p>
<p>Once you get over that hurdle &#8211; workers comp frequently has a schedule of a max they will pay per week &#8211; the number of weeks is based on the type of injury. In essence they have a chart that says how much each body part is worth. </p>
<p>This is really a question that your attorney should answer since they know the laws of your state and WC can vary significantly from state to state.</p>
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