The award ceremony

Max (all names have been changed) was a highly successful salesman for a large computer company. In fact, he was the best salesman of the year – an honor the company did not want to go unrewarded. As usual, the company set a date in early January to honor outstanding employees at an awards ceremony.

This year's ceremony was to be held at a local ski resort, with a full day of skiing beforehand, paid for by the company. Max was excited and honored to be part of the festivities – until he fell on the ski slope and suffered a serious head injury. Max faced enormous medical costs and it seemed he would never be able to work in a job that required verbal communication skills again.

The workers' compensation carrier denied liability for the injury, saying Max voluntarily attended an off-work party that was outside of his scope of work. This was an accident that happened on his own time, they said.

Max and his family turned to Davis & Sanchez for help. His attorney sought reimbursement for his medical expenses and the wages he lost at work, as well as a very modest weekly disability payment for the rest of his life. Unfortunately, the maximum disability payment allowed by law was only about one-eighth of his salary.

During a conversation with the insurance company's lawyer, Max was asked how he had spent his days since his injury. In very halting and difficult to understand words, he stammered: “Sometimes I let my little daughter paint my toenails.” It was a sad case.

Fortunately, Davis & Sanchez came to an agreement and Max was able to pay his medical bills and receive a small monthly disability payment. He was never able to work again.

What benefits is an employee entitled to if he or she has an accident at work?

Like other states, Utah requires employers to carry accident insurance. In the event of a work-related accident, this insurance is designed to cover the injured worker's medical expenses, a modest wage until the employee returns to work, and a modest compensation for permanent impairment – such as the consequences of major orthopedic surgery or an amputated limb.

In extreme cases, workers' compensation insurance will pay a worker's family a death benefit if the worker is killed or a modest lifetime income if the worker can never work again. It doesn't matter who is responsible for the accident (the employer or the employee).

Workers' compensation benefits are not a get-rich-quick path. These minimal benefits are designed to keep an injured worker's family financially afloat until the worker is fully recovered.

Most injured workers say they would give up their workers' compensation benefits in a heartbeat if the accident had never happened. After a serious workplace accident, workers often lose their health, their income, their health insurance, their current pension payments and their future earning power – even if they have workers' compensation insurance.

It's no wonder, then, that the Workers Compensation Fund has brought the motto “Be careful out there!” to life. Another reason to be “careful out there” is that insurance companies don't like to pay out. They often use every means at their disposal to delay or avoid payment altogether.

Most work accidents are not reported

What happened to Max could just as easily happen to you or your loved ones.

In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 out of 100 full-time workers were injured on the job that year. The most common nonfatal injuries were sprains, strains, and tears. Most work-related deaths occurred in the construction, transportation, and warehousing industries.

When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden. However, many workers aren't aware of the benefits they're entitled to through workers' compensation insurance. The Occupational Safety and Health Administration estimates that half of all workplace injuries go unreported.

Have you suffered an accident at work? Get help!

If you suspect you are not receiving the compensation you deserve for a work-related injury or illness, you need to act quickly. Let the award-winning legal team at Davis & Sanchez help you. As a law firm specializing exclusively in workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is the best option for you.

Contact them today to get the help you need.