Rasheedah Terry represents both employers and employees in Workers’ Compensation matters.  Workers' Compensation is a “no fault” insurance program that provides benefits to workers who suffer work-related injuries.  Specifically, under the Worker’s Compensation law, an injured worker can receive medical, temporary total, permanent partial and permanent total benefits.  Further, an injured worker’s dependents can obtain benefits if the worker dies as a result of a work-related injury. 

The Workers’ Compensation case usually commences when the employee notifies his or her employer of a work-related injury.  At that time, the employer contacts its insurance carrier.  Thereafter, the insurance carrier files the First Report of Injury with the Division of Workers’ Compensation.  If an employer is self-insured, however, the employer files the aforesaid report directly with the Division.  

An employer's insurance carrier will evaluate the claim to determine if it is compensable.  If the claim is accepted, the insurance carrier will send the injured worker to an authorized medical provider for treatment.  If the injured worker is absent from work beyond seven days, the insurance carrier will provide the injured worker with temporary disability benefits. 

If the insurance carrier disputes a claim, the worker can file a Claim Petition.  In the Claim Petition, the worker sets forth the nature and text of his or her injury, the date of accident, if any, and the amount of medical and temporary benefits paid by the employer’s insurance carrier. Subsequent thereto, the employer files an Answer to the Claim Petition.  

Later, the worker and the employer obtain permanency exams in order to ascertain the extent and nature of the worker’s permanent disability. 

Thereafter, if the worker and the employer do not settle the claim, the case proceeds to trial.  At the trial, the judge determines the permanency of the worker’s injury based on the evidence and testimony presented. 

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