FAQ

Will my case go to court?

It depends on whether you want to go to court, and if there is a factual and legal basis to go to court.  If appropriate and you want to go to court, we will litigate your claim.  However, if you choose not to go to court, then we will not go to court.

 

Can you settle my claim for me?

The majority of our cases are settled.  If you want to obtain a settlement, we will do a case valuation for you and negotiate with the employer/insurer.

 

What if I am not sure how I want to proceed?

If you are not sure whether you want to litigate or settle, then we will just administer your claim until you are sure as to how you wish to proceed.

 

How is the settlement value of my case determined?

There is a mathematical calculation which is used to determine the potential wage value of your claim.  There is also a formula to determine the permanent partial disability value of your claim.  There are also similar ways to determine the value of the remaining benefits to which you may be entitled.  It is not a good idea to enter into negotiations with the employer/insurer without an attorney’s advice.

 

How do I know I can trust you?

The Law Office of Susan Mager abides to strict ethical guidelines and we have taken a strict “oath of attorney” to act in your best interest and to achieve your legal goals.

 

Why do I need an attorney?

The legal system is an adversarial system.  The injured employee is the “Claimant,” and the Employer and its Insurer are the “Defendants.” The Claimant and the Defendants will always have opposing interests.  Rest assured that your Employer and its Insurer will have legal counsel.  It is in your best interest to have your own legal counsel as well.

 

Do I have to report my injury within a certain time period?

Yes, you have to report your injury to a supervisor within 30 days of your accident date.  The sooner the better.

 

What is my employer required to do after I report my injury?

Your employer is required to report your injury to its workers’ compensation insurer.  The Employer or its insurer should provide you with a WC-1 Board Form, so you not only have proof that you properly reported your date of accident, but of the body parts you injured as well.  The WC-1 Board Form will also tell you whether the employer/insurer is accepting that you had an injury for which they are required to provide benefits or whether they are claiming that they are not responsible for providing benefits.  It is in your best interest to obtain a copy of your WC-1.

 

Is my employer required to provide me with medical care?

Yes, you should tell the employer or its workers’ compensation insurer that you need medical care for your injury.  The employer/insurer is required to provide you with medical care for your accident-related, compensable injury or injuries and pay for that medical care 100% in full.

 

Can I select my own doctor to treat me for my work injury?

You do have rights regarding which doctors you may see.  Obtain a copy of your employer’s “Panel of Physicians,” which is required by law to be posted at your place of work.  If your employer does not have a Panel of Physicians or has an “invalid” Panel of Physicians at the time of your injury, then it might be possible for you to select your doctor of choice at the Employer/Insurer’s expense.

 

Am I entitled to reimbursement for my travel expenses related to my medical appointments?

Yes, you are entitled to reimbursement for your mileage to and from doctor appointments.