Understanding Alaska’s Unique Workers’ Compensation Rules: A Guide from Attorney Jason A. Weiner

As an employee in Alaska, it is essential to know your rights when it comes to workers’ compensation. In the event of a work-related injury, Alaska has a distinctive arrangement that is very favorable to the employee. The insurance company will pay your attorney if your case is won. Nothing comes out of your settlement. Your attorney cannot even charge you for his or her services if he wants to. While an attorney can seek costs from the client, most experienced workers compensation attorneys know how to keep costs minimal.

If you have a work-related injury and wish to sue your employer, you can only sue through the workers’ compensation system. If you have a work-related injury that might have been caused by a person or entity other than your employer or one of your employer’s employees, or as a result of certain torts, you might be able to sue that person or entity for workers’ compensation. Workers’ compensation attorneys can file personal injury actions in conjunction with workers’ compensation claims, and many workers’ compensation attorneys work with personal injury attorneys to ensure the maximum compensation for their clients.

The workers’ compensation system in Alaska covers all injuries and occupational diseases that arise out of or in the course of employment. However, not all injuries are eligible for coverage. Generally speaking, if your injury occurred while you were performing your job duties, you may be eligible for workers’ compensation benefits. We use the “substantial cause” test to determine if your injury is work related – meaning the 51% cause (this changed in 2005 – so injuries prior to 2005 are considered under the “substantial factor” test). Consideration includes prior conditions and the nature of the injury. Benefits an employee can be eligible for include medical care, wage replacement, permanent impairment benefits, rehabilitation benefits, and other benefits.

One of the main benefits of workers’ compensation is that it provides benefits to injured workers regardless of their fault or negligence. This means that even if you were partially at fault for your injury, you may still be eligible for benefits under workers’ compensation. However, this comes at the expense of not being able to sue your employer for damages.

On the other hand, a personal injury claim allows you to pursue damages beyond what is available through workers’ compensation. In a personal injury claim, you may be able to recover additional damages, such as pain and suffering, lost earning capacity, and loss of consortium damages. However, this route requires you to prove fault, which can be challenging.

Jason Weiner & Associates has been handling workers’ compensation claims for 16 years. Jason Weiner was first exposed to workers’ compensation as a law clerk for the Fairbanks Superior Court 26 years ago. Mr. Weiner has handled over 100 workers’ compensation cases, He is one of the few workers’ compensation attorneys handling employee claims in Fairbanks, Alaska. He has experience with personal injury, and particularly medical malpractice with a general understanding of the various injuries that plague workers. Mr. Weiner’s extensive experience in Alaska makes him an excellent resource for those who have been injured on the job. Mr. Weiner has a wealth of knowledge to help you understand Alaska unique workers’ compensation rules and determine which legal route is right for you.

Navigating Alaska workers’ compensation system and determining whether a personal injury claim is a viable option can be difficult. The unique arrangement of workers’ compensation in Alaska can be advantageous to some employees and a disadvantage to others. Attorney Jason Weiner is here to help employees make sense of the legal landscape and advocate for their rights. He can dispel common misconceptions such as “my claim is too old” or “the employer cut me off and there is nothing I can do.” If you have been injured on the job in Alaska, do not hesitate to get in touch with an experienced attorney who can guide you through the process of getting the compensation you deserve.

The Top Attorneys of North America have crafted this article to provide insight and helpful information of general interest. The goal is to keep readers informed and up-to-date on relevant legal topics – not necessarily offering advice tailored for their individual needs or circumstances.