What You Should Know About Workers Compensation
Q: “Who are the “workers” in workers compensation?”
A: Workers compensation is applied to those who are injured while at work or while performing the expected duties of his or her employment. Anyone who is injured in the course of their employment and can prove the circumstances of their injury does not need to go through the process of a lawsuit. An injured employee carries no burden of proof, meaning they do not have to prove any wrongdoing on their employers part, but simply need to show their injury was work related. In these cases, workers compensation is your only resource to seek compensation, unless another individual was directly responsible for your accident. Your work injury lawyer will be able to help you determine who could be held liable for your injuries.
Q: “Will my injury be covered?”
A: Most diseases and almost all injuries sustained through job related activities are valid for compensation. If the injury or disease was pre existing, you will only qualify for workers compensation unless the activities you performed on the job exacerbated the condition. You may also qualify for Disability Benefits from your Social Security.
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General Information About Workers Compensation
Workers compensation is a term used to describe a complex system of laws and statutes that helps to protect the rights of employees to receive fair compensation for job related injuries. These laws also outline the procedure for filing a claim. Statutes, or state laws, vary from state to state, but most require every employer to have some type of worker’s insurance. The amount any type of insurance required varies. There are also federal laws that apply to federal employees and a few other specific exceptions from statutes.
Workers compensation claims are not lawsuits. They are more like an insurance claim, but can still be complicated and require a detailed understanding of the particular statutes that apply in the state in which you are employed. An experienced workers compensation attorney can help you collect the full benefits you deserve.
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Employer Responsibility
In most states, every employer of more than three or four employees must have some form of worker’s compensation. A very small company, with three or less employees, may be exempt from the laws regarding workers compensation in some states. Some large companies may qualify to self-insure, meaning they prove they are able to afford to pay compensation to their employees themselves rather than paying premiums to a workers compensation insurance carrier.
Each state has a set of statutes that determines the way a workers compensation claim must be filed, processed, and how benefits will be paid to the injured employee. If the injury results in death, the surviving immediate family may be entitled to the benefits. If you have lost a loved one because of an injury sustained at work, contact a personal injury workers compensation lawyer at the Mayer Gordon law firm for a free consultation.
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Benefits
In most states, if you are injured on the job, you may reasonably expect to receive certain benefits and compensation according to the laws of your state. These benefits include medical care, temporary or permanent disability, and in some cases, vocational rehabilitation. Some states have specific amounts that apply to certain types of injuries. Some states award benefits based on the expenses associated with the injury, as well as other factors, such as severity of disability. Contact your workers compensation attorney for additional information.
Returning To Work
When you return to work, if your wages are equal to those you were receiving before the injury, you will most likely stop receiving workers compensation benefits. If your position or ability to work the same hours is causing a loss of income even after your return to work, your workers compensation may continue after your return to work, but will most likely not be as high a weekly sum as it was before your return to work. This type of benefit is generally known as disability. Disability may be temporary or permanent, and benefits will reflect the difference between what you were able to make before your injury, and what you are able to make afterwards. A workers compensation lawyer will be able to help you determine how much you should be receiving.
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Government Employees and Workers Compensation.
Persons who work for the government, regardless of local, state, or federal, should carefully check the statutes in their state before filing a claim. A workers compensation lawyer will be able to clarify the laws and statutes that apply to you. There are many different variables that will decide which category of workers compensation law applies to you, which include what type of government agency you work for, your position, and your pay.
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Filing a lawsuit Against Your Employer
In most cases of an injury that occurs on the job, you will not be able to sue your employer. The laws and statutes that govern workers compensation are put in place to protect both the employees and the employer. Your employer pays a premium to an insurance company every month to ensure you will have compensation in case of an emergency or accident. As long as your employer provides you with adequate insurance, he or she has fulfilled their legal obligation to you and cannot be held legally responsible for further compensation. If you feel your case should be an exception for some reason, you should contact a personal injury attorney familiar with work injuries to discuss your case. Such exceptions might include intentional harm done to you by your employer, or emotional injuries caused by harassment or discrimination.
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Rehabilitation
There are two aspects to workers compensation rehabilitation rights.
- The first is medical or physical rehabilitation, which applies to any physical therapy or care needed to physically overcome the injuries sustained in the job related accident.
- The second aspect is vocational rehabilitation, which will allow for job training and other associated expenses or costs if the injured employee is unable to return to their previous job.
Consult a workers compensation attorney in your state who can help you determine if you are eligible for vocational rehabilitation.
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