Our Workers Compensation Expert is Ready to Help You
Workers Compensation attorney Phillip B. Shell has been successfully representing sick and injured workers for over 30 years. A true expert on the system and its many complexities, Phil develops creative solutions that provide sick or injured workers with needed compensation while addressing the employer's concerns when possible. Although his first approach is to seek win-win solutions, he will pursue matters through the Utah Labor Commission and beyond. He has received accolades from Utah Business Magazine, has been a featured speaker at many legal education seminars, and is dedicated to helping sick and injured workers and their families.
Call Phil to discuss your claim. The initial consultation is free, and if you choose to retain him you'll only pay if he settles or wins your case. He represents clients throughout Utah as well as many states with Utah-related claims. He has the experience, knowledge, and compassion to help you. He is available for appointments at either our Salt Lake or Mt. Pleasant office during our normal business hours (Monday - Friday, 8:30 a.m. - 5:30 p.m) as well as during evenings and weekends.
Call or email today to schedule a free, no-commitment consultation with Phil
  • 801-262-6800 or 435-462-6000
  • lawyer@dslaw.com

Phillip B. Shell helps injured workers and Utah families get the workers' compensation and occupational disease benefits they deserve. Consultations are always free of charge, and attorney's fees are normally contingent. There is no fee until we win your case. Please feel free to call and learn your rights.

Workers compensation provides benefits to employees who suffer a workplace injury or contract an occupational disease. Workers are generally entitled to compensation for their medical treatment and a portion of lost wages. Benefits are also available for permanent impairment. Total disability benefits can be obtained if your work injury results in permanent loss of ability to work. Workers compensation also provides benefits to the dependents of a worker who dies as the result of a job-related injury.

With some exceptions, you receive workers compensation benefits in exchange for your right to sue your employer for the injury. In other words, personal injury attorneys cannot file suit on your behalf if you have a worker's compensation claim, but they can pursue a third party action against another party not connected with your employer. Day Shell & Liljenquist, L.C. has been fighting for the rights of injured workers since 1944. We seek full benefits for your injuries.

Workers Compensation Benefits Categories

In Utah, injured or sick workers can receive benefits such as:

  • Reimbursement for lost income during the period of medical recovery (temporary total disability) - usually 2/3 of your pay at the time of the accident. All benefits are tax free.
  • Permanent Partial Disability (PPD) benefits for permanent limitations and restrictions. This is based on an impairment rating given by your doctor with benefits paid for a specific number of weeks based upon your wages.
  • Payment for all related medical expenses, including prescriptions and durable equipment. Medical benefits can continue for a lifetime to the extent that your need for care is still related to the industrial accident. There are certain time limitations. Speak to an attorney for specific advice concerning your case.
  • Permanent Total Disability Lifetime compensation if you become unable to work because of your injury. This can be received in connection with Social Security Disability benefits. We can help coordinate the receipt of both and seek to maximize your recovery.
  • Reimbursement for transportation or travel expenses.
  • Death benefits for the spouse and dependents of a worker who dies because of an injury or work-related illness or exposure.
How do I qualify for workers comp?

You may qualify for workers compensation benefits if you were injured while performing your job duties or if you suffer from a chronic medical condition, repetitive stress injury, or condition caused by your occupation. You may also qualify if you were injured in a work-related vehicle accident. It is a no-fault system, and so if your injury is work related, you may qualify for benefits whether the injury is your fault, your employers' fault, or no one's fault.

Common types of workplace injuries

Most on-the-job injuries relate to specific accidents, but injuries also can include chronic conditions developed over time. The most common workplace injuries include:

  • Injuries to the lower back and lumbar spine from lifting, bending, and twisting
  • Carpal tunnel syndrome from repetitive activities such as gripping or typing
  • Injuries from vehicle accidents
  • Injuries from machinery and equipment accidents
  • Injuries related to falls from high places and seemingly minor slips.

Our clients include workers with all types of injuries and illnesses, including:

  • Asbestosis
  • Back and spine injuries
  • Cancer
  • Carpal tunnel syndrome, ulnar nerve damage and other repetitive stress or trauma injuries
  • Chemical exposure
  • Construction injuries, including electrocution, burns, and welding torch injuries
  • Deafness or hearing loss
  • Dermatitis
  • Interstitial lung disease or pulmonary fibrosis
  • Knee injuries
  • Mesothelioma
  • Mining injuries
  • Silicosis
  • Occupational asthma
  • Occupational lung disease, such as black lung disease
  • Pneumoconiosis
  • Psychological problems
  • Various types of cumulative trauma injuries
  • Almost anything that is medically and legally related to the job or an exposure at work

If it was caused or aggravated by your employment, Phil can help you get the workers compensation or occupational disease benefits you are entitled to. Even if you have pre-existing conditions, and in many cases if work was responsible for making it worse, you may be entitled to workers compensation benefits. Call and discuss your rights and options.

What should I do if I am hurt on the job?

When injured on the job, you must act quickly to preserve your right to compensation.

  1. If the injury is an emergency, seek treatment at the nearest medical facility. 
  2. Notify your employer as soon as possible. If you do not notify your employer of the work related injury within 180 days of the accident, you will lose your right to compensation and medical benefits. If you have an occupational disease claim, you must notify all applicable employers within 180 days of when you first suffered disability and either knew or should have known that the condition was work related. If your employer does not know of your injury and that it is work related within 180 days of the accident, your claim will be barred. 
  3. If your injury is not an emergency, find out which medical provider takes your company's workers compensation insurance, and seek medical treatment only from authorized providers. Be sure to clearly explain to your doctor how you were hurt so that the medical records contain correct information about your injury. For example, if you injured your back and a knee but you are only treated for the back injury, and the knee complaints are not recorded, the knee injury may come into question later and might be disputed.

Occupational illnesses sometimes arise while you are still working for the employer but may also arise many years later, such as in the case of asbestos exposure. It is important to provide notice to your employer, preferably in writing, once you know you have a work-related illness. Failure to report it within 180 days of when you first suffer disability and know or should know that the problem is work related will result in your claim being barred.

If you are denied compensation or adequate medical treatment after an on-the-job injury, if you are not sure about your rights or the time limits for your case, or if you have any other questions or concerns, give us a call. Although medical benefits can be payable for a lifetime, there are various time limits involved in the workers compensation system. Call us to learn more about time limitations and other details of compensation law that can make or break your case. We'll be happy to discuss your case with you right on the phone and can arrange for an in-office appointment if there is something we can do to help. The call is free, and the information is priceless.

 

Third party injury claims

We file lawsuits against third parties who may be liable for workplace injuries. For example, if a truck driver is injured in a motor vehicle accident, Phil works with Michael Day, the chief litigator at our firm who can also represent you in a personal injury claim against the other driver and the insurance company, obtaining compensation beyond what is allowed by Utah's Workers Compensation law. We refuse to let insurance companies win for no reason and will fight for the compensation and help our clients need and deserve.