If your ability to make a living and pay the mortgage, utilities, and other things is jeopardized, that can put a ton of stress on your shoulders. That’s where workers’ compensation — a type of insurance — comes into play. It’s designed for workers injured on the job and provides wage replacement and medical benefits. The problem, however, is that getting that compensation can be challenging, since employers and insurance companies often try to limit, if not halt, any payouts.
Hiring a lawyer from a law firm specializing in workers’ compensation cases can tip the scale in your favor. Such cases require the help of legal professionals who understand the workers’ compensation process, know how to deal with insurers and employers, and grasp the importance of helping clients make informed decisions.
While no one wants to experience the type of injuries that might provide grounds for a workers’ compensation case, accidents in the workplace happen more often than you might think.
With that said, here are five things to know about workers’ comp cases — and how an experienced lawyer can help.
1. What Is Workers’ Compensation?
Contrary to what some might believe, workers’ compensation isn’t designed to benefit employees while hurting employers. It’s intended to safeguard the best interests of both parties. When a worker suffers an injury on the job or comes down with an occupational sickness, workers’ comp covers some of the lost salary and medical expenses.
Employers are protected since the workers’ compensation process usually means injured workers set aside their right to sue their bosses for negligence. The workers’ compensation specifics depend on the state where the injury occurred, which is a good reason to consult a workers’ compensation lawyer to find out the specifics. A lawyer can break down the nitty-gritty about the laws and regulations so you know what to expect.
2. Types of Injuries and Conditions Covered
It’s also essential to know what types of injuries are covered by workers’ compensation.
Workers’ compensation covers injuries that occur on the job — whether at the workplace or elsewhere while performing official workplace duties. What follows is a list of injuries covered:
- Accidents on job sites like falls, trips, slips, and equipment-related mishaps
- Repetitive stress injuries, like carpal tunnel syndrome
- Aggravation of pre-existing conditions because of job duties
- Illnesses caused by workplace exposure, like hearing loss or respiratory conditions
Again, a workers’ compensation lawyer is the right person to ask if you have further questions about whether or not you have grounds to file a claim.
3. Filing a Claim
It’s also important to file a claim on time. The deadline to file a workers’ compensation claim will depend on the state you work in. But if you retain the services of a lawyer immediately, you can count on the legal professional to help you file a claim on time.
You must inform your employer right after an injury and get them to file a workers’ compensation claim with their insurer. Depending on the rules in your state, you might be sent to a specific medical professional for an assessment. Seeing a doctor, going for follow-up appointments, and doing other things your medical care provider recommends will leave a medical paper trail showing you’re doing your part to get better.
4. Benefits Provided
Compensation from a workers’ compensation claim includes the following:
- Temporary disability benefits that include a partial salary replacement if you’re unable to work, and medical treatment to cover medical care required due to the injury
- Permanent disability benefits if the injuries are long-term or permanent
- Vocational rehabilitation, if you want to return to the workforce
- Death benefits to dependents if workplace injuries are fatal
5. Employer and Insurance Company Rights
While people who file claims sometimes feel offended when their employers want to investigate the legitimacy of their claims, workers’ compensation law gives employers and insurers the right to do just that.
Unfortunately, some employees do lie or stretch the truth with the hopes of securing a payout, so employers and insurance companies often comb over cases and may challenge whether or not sustained injuries occurred at work or are as serious as reported.
Again, no one wants to get injured on the job and have their lives turned upside down. But knowing what to do if a bad scenario materializes makes sense so that you can make the right decisions for you.