
Work injuries are stressful and disabling, especially when attempting to understand your rights under the workers’ compensation law. Most hurt employees have no idea what they are required to do, the benefits they should be receiving, or how to proceed if the claim is denied.
In an attempt to alleviate a bit of confusion, the following are some answers to some of the most frequently asked workers’ comp questions for legal purposes.
Am I Eligible for Workers’ Compensation Benefits?
In every state, workers can receive workersโ compensation benefits if they become ill or injured while working. These include on-the-job injuries, injuries that occur while working, and illnesses that occur due to a job over time.
Independent contractors are not normally covered, but states vary in their requirements for eligibility, so check your state’s definition of the term “employee.”
How Do I File A Workers’ Comp Claim?
Step one is to notify your employer of your injury as quickly as possible, preferably in writing. Your employer will provide you with claim forms to complete and send back. The claim gets forwarded to the employer’s carrier, where the claim is under review. Be sure to keep a copy of all paperwork and forms for yourself. Timeliness is needed, as delay will hurt your prospects for approval.
What Type of Injuries Are Included Under Workers’ Comp?
Workers’ compensation primarily covers accidental injuries and repetitive motion injuries. A few examples of these are:
- Slip, trip, and fall categories of injuries.
- Repetitive stress injury, e.g., carpal tunnel syndrome.
- Occupational illness from exposure to toxins or chemicals.
- Pre-existing conditions, if they are further aggravated by work.
Mental illness, such as stress or PTSD, might be covered in some states when there is a direct work relationship.
How Long Do I Have to File A Claim
In all states, there are time limits, or statutes of limitations, that govern how long you can wait before filing your workers’ compensation claim. From 30 days to a whole year, depending on where you are. Wait too long, and you forfeit your right to benefits, no matter how severe the injury is.
What Are My Workers’ Comp Benefits?
Workers’ comp benefits vary, but most cover payment for:
- Medical care related to the injury.
- Replacement of wages for time missed from work (usually a percentage of your usual paycheck).
- Personal or permanent disability pay if you can’t return to your previous job.
- Vocational rehabilitation services are available if you need to be retrained.
- Death benefits are paid to your dependents if you die on the job.
Can I Return to Work While I Receive Workers’ Compensation Benefits?
Yes, in most cases, you can return to work and still receive some benefit. For instance, if you are medically released to return to light-duty or part-time work but are not able to work full-time in your pre-injury job, you can still receive partial wage replacement benefits.
Going back to work will not close your workers’ comp case, but it will alter the nature and scope of the benefits that you are receiving. As always, speak to your doctor and lawyer prior to going back to work.
Conclusion
Workers’ compensation was established to assist workers following an on-the-job injury, but the process is typically complicated and intimidating. Because you have to meet certain criteria, apply within a specified time frame, and face the possibility of the claim being denied, knowing your rights and responsibilities is absolutely the right way to approach the process.
The basics of most workersโ comp questions are the following:
- The majority of injured employees are entitled to benefits.
- Reporting and filing claims correctly and on time is the key to a successful claim.
- Compensation may include medical bills, lost earnings, and disability.
- Rejected claims may be appealed in most cases with the help of a lawyer.
Having an attorney represent you helps protect your rights and provides the best opportunity for you to receive the compensation you deserve after being injured on the job.
Leave a Reply