Establishing the Employer's Liability After a Work Injury

Many injured employees fail to seek legal help when the insurance adjuster sends the first check or two. Adjusters may speak to an injured employee and send weekly checks. They may send you paperwork entitled "Non-Prejudicial Agreement" that looks official and indicates that you are entitled to be paid an amount of weekly workers' compensation benefits.

With a legal looking document, a weekly check and having your medical bills paid, many hurt workers may seem satisfied. However, this is not sufficient to protect you for the injury you sustained.

What is a Non-Prejudicial Agreement?

The Non-Prejudicial Agreement does not establish your employer's liability for the disabling injury that you sustained. This document allows your employer to pay you for up to 13 weeks and receive credit for the payments made to you. The adjuster hopes that you will recover and return to work.

If you have only a Non-Prejudicial Agreement, after the two year statute of limitations passes, your employer has no further obligation even if your disability worsens or returns or you need continued medical treatment. We have seen cases where there has been a Non-Prejudicial Agreement and the injured worker returns to work within 13 weeks, but continues to see her doctor 4 times a year. After the first 24 months, the employer can legally refuse to pay for any further medical treatment, as liability has not been established.

Since insurance adjusters and company nurses are not looking out for your best interest, we like being your champion to get you want you are entitled to in a quick manner! Call us so we can begin to work for you." - Attorney Hirsch

  • Steven Hirsch will represent you and obtain the documents that establish your employer's legal liability for your injury. Even if you return to work, once legally liable, your employer must pay for medical services for ten years or more. Further, if the effects of your injury return after two years, you can still seek to be placed back on comp if your disability is related to your work related injury.
  • We will also make sure that the employer is paying you the correct amount and the calculations have included overtime and holiday pay that should be included in the computations.
  • We will be sure that the injury is properly described for often the description is incorrect and does not include all injured body parts. As an example, while an insurer may describe an injury as "as back contusion", we may prove that it is really a strained back with nerve impingement and radiation to a lower extremity.
  • If we do all of this for you and we are successful, the insurer/employer pays our fee as awarded by the Judge or agreed upon between our office and the adjuster. You do not need to pay us a fee until such time that you settle your case for a lump sum.

We believe that there should be a division of labor between the disabled employee and outr office. You focus on recovering and we focus on the continued receipt of the benefits that you are entitled to receive. For more information, email our office or call us at 401-287-2079.