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You pay nothing until we win
You pay nothing until we win
by Matthew C. Andrew - September 9th, 2024
Employers sometimes fire injured workers after a work accident. In most situations, however, an injured worker is still entitled to workers’ compensation benefits. However, there are some scenarios in which an employer fires someone while they are receiving workers’ comp benefits. What happens then?
The Caldwell, ID workers’ comp lawyers at Andrew Injury Law understand the complicated situations that can arise regarding workers’ compensation and job retention. We can help with all aspects of the claim process, including any concerns about your job rights.
In Idaho, you could be entitled to certain compensation benefits if you are injured during the course of your employment due to an occupational disease or injury. The benefits you may be entitled to can include the following:
Your employer cannot terminate your employment because you have filed a worker’s compensation claim. However, suppose your injuries prevent you from performing your designated duties, you did not adhere to company policies before getting injured, or you made mistakes. In such instances, your employer can terminate your employment while you are on workers’ compensation.
If you claim workers’ compensation benefits and then lose your job, your employer might try to end your benefits with your employment. However, some situations allow you to continue receiving the benefits, even if you seek new employment opportunities. As such, it is essential to understand the specific procedures and laws protecting your benefits in Idaho by speaking with a workers’ compensation attorney from Andrew Injury Law.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
You can still legally claim worker’s compensation benefits if your employment is terminated. However, the reason for the termination and when it happens can be integral factors in deciding if an injured employee receives benefits.
Under Idaho Workers’ Compensation Law, your employer isn’t required to keep your job until you can return to regular work duties following an injury. This is because, in most cases, the employer needs to fill the position for business purposes. For instance, if the employer doesn’t have the required number of employees to cover your job while you are away.
However, federal laws like the Family and Medical Leave Act (FMLA) could apply if you qualify, offering up to 12 weeks of unpaid, job-protected leave for serious health conditions. This would depend on the size of the company and the length of your employment.
Keep in mind that your employer cannot fire you in retaliation for filing a workers’ compensation claim or seeking benefits. This is unlawful retaliation and a form of wrongful termination.
At Andrew Injury Law, we provide a free consultation to discuss job termination and Idaho workers’ compensation benefits. So, if you have been fired following a workplace injury, speak to our Caldwell worker’s compensation attorneys today. With convenient office locations in Caldwell, Idaho, our attorneys serve clients throughout the Idaho area and are willing to help. Contact us today.
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4 months ago 
Matt was very helpful in explaining the law and setting realistic expectations about my mothers case. He listened to the facts and gave solid advice about what to do next. I know his time is valuable and limited so I appreciated his complementary consultation and advice. I will definitely turn to him in the future.
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A contingency fee is a type of payment arrangement that our Idaho personal injury firm uses. It is an agreement with our clients where our attorney’s fee is contingent upon the successful outcome of the case. In other words, we only receive payment if we win the case or secure a favorable settlement for you. That payment comes from your final settlement or award, so you never need funds from your own pocket to pay us.
Under a contingency fee agreement, Andrew Injury Law also typically covers all the upfront costs associated with your case, such as court fees, document preparation, expert witnesses, and investigation expenses. These costs are then recouped from the final settlement or judgment if the case is successful.
We use contingency fees to provide access to justice for those without the financial means to afford legal representation. It allows everyone to pursue a personal injury claim with the right legal help – and without worrying about the added cost.
Read more about contingency fees here.
Personal injury damages refer to the compensation you might be entitled to if you suffered harm due to the wrongful conduct of someone else. The law provides relief for such injuries in the form of monetary damages.
Damages can fall into different categories:
Economic damages – These compensate for financial losses you can prove with bills or receipts. They often include medical bills, lost income from missing work, out-of-pocket injury-related costs, future expenses and lost earnings, and more.
Noneconomic damages – Some losses are not tied to bills or expenses, but you still deserve compensation for them. Some intangible and noneconomic damages include pain and suffering, mental trauma, and permanent disabilities or disfigurement.
Punitive damages – These do not apply in every case. However, if the party that caused your injuries acted so egregiously that the court decides to impose additional liability, the court may award punitive damages to you up to a certain amount. These are not tied to your specific losses, but instead the conduct of the defendant.
Read More: Is Idaho a No-Fault State?
States set deadlines for taking legal action called statutes of limitations. Once the deadline passes, you cannot file a successful claim. In Idaho, the statute of limitations is two years from the date of the injury, and there are few exceptions to this time limit.
The purpose of a statute of limitations is to ensure that legal actions are initiated within a reasonable period after the injury occurs. It provides a degree of certainty and finality to potential legal disputes and helps ensure evidence is reliable and does not weaken over time.
However, the statute of limitations also means you need to act fast following a personal injury. There is much to do before filing a lawsuit, so always seek help from Andrew Injury Law as soon as you know you have injuries and suspect someone else was at fault.
Read more about the Idaho statute of limitations here.
Naturally, you want to know how much money you might expect for your injuries and losses. Settlements and awards can vary widely – ranging from a few thousand dollars to multi-millions. Unfortunately, there is no way to advise what your claim might be worth without fully evaluating your circumstances.
Some factors we consider when determining the value of your claim include:
The insurance company will undervalue your claim – but we never will. You can trust Andrew Injury Law to fight for the total compensation you need and deserve.
Read more about how a personal injury claim in Idaho is calculated here.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case
Matt Andrew was so helpful and encouraging regarding our small auto accident negotiation. We received clear and comprehensive suggestions and outline of action for us to take. We are grateful to have spoken with him directly and on the first phone call to his office. Great attitude and genuine interest in helping. Definitely recommend.
Matt is a “Tell it like it is”, Attorney. He will scour the data, and go to bat for you. He becomes your liaison, so you can really focus about just getting better, and though he wont loan you any money, he’ll tell you what you need you need to do to survive if you’re out of work for a bit. Attorneys aren’t cheap, you’ll end up with more if you use one. Heed his advise for the strongest case argument in your favor.
I called Matt he was driving he took my information and he immediately called me back, he answered my question and gave me advice on how to handle the situation, he very helpful for my situation, he was thorough
Andrew Injury Law is a personal injury law firm in Idaho. We focus on representing individuals who suffer injuries from someone else’s negligence. We use a compassionate and aggressive approach to help our clients after an injury. Our team knows that injuries can be life-altering. Our Boise injury lawyer fights for our clients every step, leading to trial if necessary. Get in touch with the Boise injury lawyers from Andrew Injury Law today.
Andrew Injury Law represents people who need help during the most challenging times. Injuries are life-changing in many ways. Even a minor injury can leave you out of work for weeks with mountains of medical bills. Permanent injuries require more medical attention and bring more bills. Our team is here to help you every step of the way. Call our personal injury lawyer in Caldwell for a free case review.
You must get legal representation immediately when you suffer an injury or lose a loved one. The insurance companies are vultures looking to diminish your claim. They don’t care about the pain you are suffering. They only care about their bottom line. When you file a personal injury claim, you will pursue justice and compensation for your injuries and losses. Andrew Injury Law helps injured individuals seek compensation from negligent parties. We offer free case reviews, so call our office today.
Our primary goal is to hold the at-fault party responsible by getting you financial reimbursement for your injuries. Schedule a free consultation today with our Meridian personal injury lawyer from Andrew Injury Law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case
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