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.
Q: “How much will I be compensated?”
A: Most states provide specific value amounts that can be collected for specific types of injuries. Your workers compensation lawyer will be able to tell you what to expect. You may be able to recover medical expenses and lost wages. Some states provide for vocational rehabilitation, which will pay for the training you require to find a new job.
Q: “Who will compensate me?”
A: In most cases, your employers workers compensation insurance carrier. In some cases, your employer may be self insured, and will pay your compensation benefits to you directly. Your workers compensation attorney will ensure you receive the proper payments.
Q: “What are the first steps in a workers compensation claim?”
A: First, you should always notify your employer that you have been injured. Make sure you know who is responsible for processing your report, and check to see if you are required to make a written or oral report.
Second, inform your employer of your need to seek medical attention and request information on which physicians are covered by their workers compensation benefits. If you do not like the doctors who are presented to you as choices, you may have the right to request to be treated by another physician or hospital.
Third, Consult your workers compensation lawyer as soon as possible. .
Be sure to keep detailed records of when, where, and why the accident happened, how you feel, and how the injury is affecting your life. Keep all medical bills and receipts for all rehabilitation expenses.
Q: “Will I have to pay tax on my benefit money?”
A: Not in most states. The federal government does not tax workers compensation benefits, and most states also follow this procedure.
Q: “What happens if my employer will not give me the benefits I believe I deserve?”
A: All states provide the opportunity to have your case heard before a court in case of dispute between employer, employee, or insurance carrier. Although you are not required by law to have a workers compensation attorney present for this hearing, it is a very good idea. A
Q: “What if my injury was caused by someone else while I was on the job?”
A: If someone unrelated to your job or employer injured you during the course of your job related responsibilities, you will be eligible for workers compensation as well as having the option to bring a personal injury lawsuit against the person who injured you. If you consult with an experienced personal injury workers compensation attorney, he or she will be able to help you determine all the negligent parties who can be held accountable for your specific injuries.
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