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Report Accidents At Work | Workplace Injury Lawyer

If you’ve been injured at work, then you might be feeling overwhelmed and confused about what to do. You may have been told that you need to report accidents at work and follow proper accident reporting procedures, and you may not be sure about how to write an accident report at work. That’s okay! It’s entirely normal to feel lost and frustrated by the process, especially if you’re a first-time claimant.

Given how complicated legal procedures can be — in the workplace and beyond — we encourage you to get in touch with a qualified work accident attorney for assistance as you move forward. At the very least, they can provide a brief case evaluation so that you understand “where you stand” as a claimant, and what your next steps are.

That being said, if you’d like to learn a bit more about workplace accident and related issues, then read on! In this article, we’ll briefly explore the basics so that you have some clarity as to how to approach the problem at-hand.

Do all workplace accidents need an incident report?

Generally speaking, yes, all work-related injuries or illnesses must be reported as a workplace incident pursuant to the submission of relevant incident reports. Depending on the state, the length of time allowed varies — in California, for example, employees have up to 30 days to report their work injury to their supervisor, someone higher up in the chain of command with relevant authority, or the human resources department. Once you report the injury, your employer has 24 hours to return to you with the relevant workers’ compensation documentation so that you can move forward with your benefits claim (if you qualify).

Can an injured employee be sacked for having an accident at work?

As an employee involved in a workplace accident, you cannot be fired (or otherwise have “adverse employment actions” taken against you) for exercising your rights as a worker and reporting incidents. For example, if you submit an incident report in the workplace, and your employer fires you afterward for doing so, then you have had your rights violated quite severely. This sort of employer behavior is known as retaliation.

Retaliation is a serious offense. If your employer has retaliated against you for exercising your rights by incident reporting, then you can sue them independently for retaliation, and thus secure additional compensation via the independent retaliation lawsuit. Just know that the law protects you from this sort of violative employer behavior. Don’t feel threatened or intimidated by your employer!

Can I claim compensation for an accident at work under workers’ compensation laws?

It depends. If you’re an employee who qualifies for workers’ compensation benefits, then you can claim those benefits for any injury that you sustain in the workplace (or otherwise “on-the-job”), so long as your own negligent, reckless, or intentional behavior did not contribute to the accident. It’s important to understand the workers’ compensation laws in your state, as they outline the responsibilities of both employers and injured employees in reporting workplace injuries.

Workers’ compensation benefits are advantageous for many claimants, because they don’t require that you prove your employer’s fault — you are entitled to benefits so long as you were injured at work. It’s irrelevant whether your employer is entirely innocent of fault. This makes it a lot “easier” to establish the elements necessary to secure a payout.

Of course, workers’ compensation comes with a major caveat: the payout isn’t as comprehensive as the payout in a potential lawsuit. That’s because workers’ compensation benefits don’t cover pain and suffering losses, which can add up to tens of thousands (or even hundreds of thousands of dollars) in some cases.

Thus, some injured workers opt to explore the possibility of a lawsuit. If they don’t qualify for workers’ compensation benefits, or if they feel they have a strong case and can circumvent workers’ compensation (i.e., they can show that their employer’s intentional misconduct led to their injuries), then they can sue for damages.

Damages may cover the following losses:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses (for whatever medical treatment they needed to recover from their work-related injuries)
  • Loss of property
  • Pain and suffering (i.e., to cover the physical pain sustained to various body parts, as well as the mental and emotional pain)
  • Loss of enjoyment of life (due to the various injuries or illnesses they sustained after the work accident)
  • Loss of companionship
  • And more

Loss can vary substantially after an accident occurs, so the damage claim should be comprehensive.

What is the first step when dealing with an accident?

After an accident occurs, the first and most important step to take is seeking emergency medical treatment, if necessary. Seeking immediate medical treatment is crucial not only for your recovery but also to prevent future incidents by addressing any underlying issues promptly. Failure to do so (or to follow up with a physician, if the medical need is not immediate) could undermine your claims.

That’s because the defendant could argue that your injuries were “created” by your failure to obtain adequate medical treatment in a timely manner. And if that’s a difficult argument for them to make, then they can fall back on a secondary argument: that your damages should be reduced, because your injuries were exacerbated by your delays. So don’t delay! Seek emergency medical assistance after the accident.

Who should you contact immediately if you have an accident at work?

Though you’ve been taught that you should report accidents at work (and you should), the person to contact immediately after the accident is actually an attorney! This is absolutely critical. Attorneys can also assist with incident management by ensuring that all necessary steps are taken to report the accident properly and protect your rights.

See, when you submit a work accident report (either as a report form, or through a casual conversation with HR, or however else the safety program in your workplace requires), you are disclosing sensitive information that could undermine your claims. Your employer is not your ally in this scenario. They might mean well, but any statement you make that hasn’t been evaluated by an attorney could be used against you later on.

Attorneys are more than just courtroom advocates. They can handle a variety of responsibilities, from helping you report accidents at work to handling communication on your behalf. Experienced work injury lawyers serve as communication middlemen — they will speak to your employer on your behalf and help you submit the work accident report. Further, they will help you follow incident reporting procedures (and submit the incident report form itself and whatever supplementary documents the accident report requires, as per the legal incident reporting process). This can limit any additional issues that you might have otherwise encountered as you move forward with your claims.

Most work injury lawyers work on a contingency fee basis.  In other words, they don’t accept money upfront or out-of-pocket.  Instead, they will represent you in exchange for a percentage cut of whatever compensation they’re able to secure on your behalf — this percentage can vary from 25 percent to 40 percent or more.

Contingency fee dynamics lower the barrier-to-entry for hiring an attorney, as you don’t need any money to begin with.  Anyone can work with a skilled and experienced attorney and thereby seek justice under the law.  Additionally, contingency fee dynamics align the incentives of the attorney with the client.  Attorneys are incentivized to work efficiently and effectively to maximize your compensation — after all, the more you get paid, the more they get paid (since they take a percentage cut).

If you’ve been injured in a workplace accident, then you could be entitled to compensation for your losses — whether through a claim for workers’ compensation benefits, or through an independent lawsuit.  Navigating these complexities isn’t always straightforward for a first-time plaintiff, so it’s important that you work with a qualified accident attorney for guidance on how best to proceed with the dispute.  That’s where we come in.  We can connect you to experienced personal injury lawyers who are able to handle cases like yours.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced workplace accident lawyer in our network.  During this initial consultation, you’ll have the opportunity to discuss your case in detail and learn about your strategic options.  Of course, if you decide that you’d rather not move forward with the dispute, that’s okay — there’s no obligation to continue.  So pick up the phone and call us today to get started!

We look forward to assisting you.

When Will Workers Comp Offer a Settlement? | Find a Work Injury Lawyer Near You

Whether you work on construction sites or in a downtown office on the 99th floor, all employees run the risk of sustaining a work illness or injury. Although some professions face a greater risk compared to others, that doesn’t mean employees in “less risky” jobs should have their workers’ compensation cases neglected or devalued.

In case of an injury while on the clock, you’re entitled to workers’ compensation benefits to pay for your medical costs and lost wages. These benefits often come through regular workers’ compensation insurance that is covered by your employer’s insurance company. But what if you receive an offer for a lump sum settlement instead?

In understanding workers’ compensation laws, it’s important to consider the long-term impact of your work-related injury or illness. These laws are designed to protect you by ensuring you receive the necessary medical benefits and financial support during your recovery period. Sometimes, the effects of an injury can last for a long time, perhaps even a lifetime.

That’s where workers’ compensation plays a crucial role. It provides ongoing medical benefits and covers costs associated with long-term care, which might include surgeries, physical therapy, and any required medications. Knowing how these laws work helps you make informed decisions about your health and financial well-being following a workplace injury.

Questions that this article can help to answer:

  • Will I get a workers’ comp settlement?
  • How soon will the insurance company offer a workers’ comp settlement?
  • What are the two types of settlements for workers’ compensation?
  • How is a workers’ comp settlement determined?
  • How much should a workers comp settlement be worth?
  • How long do most workers’ comp settlements take?
  • What do I need to know about an early settlement offer?
  • Will workers’ comp offer a settlement without a lawyer?
  • How do I find a labor lawyer near me?

Will I Get a Workers’ Comp Settlement?

If you’re wondering about receiving a workers’ comp settlement, it’s important to understand that not all workers’ comp cases result in a settlement. Settlements in workers’ comp are agreements where the insurance company agrees to pay you a certain amount of money.

In return, you might give up certain rights, like future claims related to your injury. Whether you get a settlement largely depends on the specifics of your case, including the severity of your injury and how it affects your ability to work.

Factors Influencing Settlements:

  • Severity of Injury: More serious injuries often lead to larger settlements because they impact your life more. This includes long-term medical care and inability to work.
  • Medical Benefits: Part of your settlement might include medical benefits, which cover ongoing treatment costs.
  • Lost Wages: If you can’t work because of your injury, your settlement may include compensation for lost wages.
  • Permanent Disabilities: In cases of permanent disability, settlements are likely as they account for future challenges and financial needs.

Does Surgery Increase Workers’ Comp Settlement?

In many workers’ comp cases, if surgery is necessary, it might increase the settlement amount. Here’s why:

  • Higher Medical Costs: Surgeries are expensive, increasing the overall medical costs that need to be covered.
  • Extended Recovery Time: Surgery often means you’ll need more time off work to recover, increasing the compensation for lost wages.
  • Long-term Effects: Surgery can indicate a more serious or permanent injury, which might lead to a higher settlement due to long-term health needs and impacts on your life.

Remember, each workers’ comp case is unique. The necessity of surgery and its impact on a settlement will vary. Consulting with a skilled attorney who understands workers’ comp benefits and laws can provide you with the best guidance tailored to your specific situation.

How Soon Will the Insurance Company Offer a Workers’ Comp Settlement?

If you are awaiting a workers’ comp settlement offer, it’s imperative to understand the factors in play. From an outside perspective, workers’ compensation settlements might sound enticing.

For example, you receive one lump sum (sometimes hundreds of thousands of dollars), which you will then use to help pay for your medical costs and lost wages. You get to pocket anything that might be left over. It might sound like a great offer; however, these offers always warrant a second look and the opinion of an experienced workers’ comp attorney.

Reaching a Workers’ Comp Settlement

Suppose an employee has fully recovered from their illness or injury and has returned to work without any remaining bills or unpaid benefits. In that case, their workers’ compensation claim can be closed. However, sometimes a claim requires a negotiated settlement between the injured worker (and their attorney) and the insurance company.

This process usually starts with the insurance company and the employer making an offer for payment to the employee. Depending on the type and extent of the employee’s illness or injuries, the settlement offer might include payments for:

  • Unpaid benefits or medical bills
  • The costs of any necessary future medical treatment
  • A disability award if the worker is permanently impaired

Types of Workers Compensation Settlements

There are two types of Workers’ Compensation settlements. They are:

  • Lump Sum Payment
  • Structured Payment

Lump Sum Payment

A single payment for all medical costs and benefits the employee claims. In some states, the injured worker may have to agree not to pursue any future compensation related to the same injury.

Structured Payment

The settlement monies are divided into scheduled payments over a specified amount of time. A structured settlement might include a separate medical account to pay for any necessary future medical care.

When Will Workers’ Comp Offer a Settlement in California?

In California, if you get hurt at work, you might wonder when you’ll get a settlement offer from workers’ comp. Here’s a simple breakdown:

  1. Injury Report: First, you must report your workplace injury to your boss. This gets your workers’ comp case started.
  2. Case Review: After you report your injury, your case is looked at. The insurance company checks your medical records and other details to understand your injury better.
  3. Maximum Medical Improvement (MMI): This is a key moment. MMI means your condition isn’t expected to improve much more. In California, settlement talks usually start after you reach MMI. It’s when everyone has a clearer picture of your health and future needs.
  4. Settlement Types: In California, you might get offered a lump sum (all the money at once) or a structured settlement (money paid over time).
  5. Negotiation: Your lawyer and the insurance company will talk about the settlement. They consider your medical costs, any lost wages, and how the injury affects your life.
  6. Judge’s Approval: Finally, a workers’ comp judge looks at the deal to make sure it’s fair.

Remember, settlements in California can take different times to reach. It depends on how serious your injury is and how long your recovery takes. Always talk to a lawyer to make sure you’re getting a fair deal. They know the rules and can help you understand your rights.

How Is a Workers’ Comp Settlement Determined?

Before agreeing to a settlement, the employee and their lawyer should calculate what they believe the claim is worth. It should at least be enough to cover past medical care and future medical costs for the injury. Other factors that can impact the settlement include:

  • Medical bills
  • The need for future medical treatments, including surgery or physical therapy
  • Previously lost wages or future wage loss
  • Temporary or permanent disability payments
  • Attorney fees
  • State workers’ compensation statutes and restrictions

Once the calculation is finalized, the employee and their attorney will negotiate with the insurance company. The final settlement is frequently a compromise between the insurance company, employer, and the injured employee under the advisement of their attorney.

It’s a common requirement in many states to have a workers’ compensation judge review each settlement before it’s finalized. Although the judge will consider if it is fair to the employee, it is still in the employee’s best interest to have a workers comp attorney on their side to protect their rights.

How Much Should a Workers’ Comp Settlement Be Worth?

Calculate Workers Compensation Settlement

Workers’ compensation settlement amounts are typically based on what the case is likely to cost the workers’ compensation insurance company if the case fails to settle. Most of the time, the insurance company wants to reach a settlement before you get to the point of what is known as Maximum Medical Improvement (MMI).

Once you reach this point, you will likely have a good idea of your future medical expenses, which means you will have a better idea of what your case is really worth. If the insurance company can get you to accept a low workers comp first settlement offer, they will most likely pay less for your claim. That’s wonderful for them but terrible for you.

Workers Comp Settlement Amounts

How Long Do Most Workers’ Comp Settlements Take?

The truth is that it varies. For claims involving relatively minor injuries, a workers comp settlement offer letter won’t take as long. However, it can take longer for those with severe or catastrophic injuries. What’s more important than how long it takes to receive a settlement, is that you are receiving a fair settlement.

While you may be relieved to receive an early settlement offer, it’s not always in your best interest to accept an early offer. Here are three instances in which a longer case settlement may be beneficial:

  • Concerns about paying for medical bills
  • Unable to go to work
  • Affording medical expenses related to your injury at work

An Early Settlement Doesn’t Necessarily Mean a Fair Settlement

In fact, it is never in your best interest to accept an offer without discussing your case with a qualified workers’ compensation lawyer. An experienced attorney will have a pretty good idea of what a fair settlement should be in your case. They can let you know if you should settle at this point or hold out until you receive a better offer or reach MMI.

You should also keep in mind that waiting until most or all of the anticipated benefits you can receive have been paid out will make the value of your case lower than it could have been if settled earlier.

Will Workers’ Comp Offer a Settlement Without a Lawyer?

Navigating a workers’ comp case can be complex, and you might be wondering if you can receive a settlement offer even without hiring a lawyer. Understanding how the system works and the importance of legal advice is crucial in such situations.

The Possibility of an Offer

  • Direct Offers: Yes, it is possible to receive a workers’ comp settlement offer without a lawyer. Insurance companies sometimes make offers directly to injured workers. However, these offers may not always reflect the full value of your claim.
  • Initial Assessments: The insurance company will evaluate your case based on the medical reports and the details of your injury. They may then propose a settlement amount to cover your medical expenses and lost wages.
  • Understanding Your Rights: A major concern when dealing with workers’ comp without a lawyer is the lack of understanding of your legal rights. Legal advice is critical to ensure that your rights are protected and that you are fully aware of what you are entitled to under the law.
  • Evaluating Offers: An attorney specializing in workers’ comp can help evaluate if the offer made by the insurance company is fair. Without this expertise, you might end up accepting a settlement that is significantly lower than what you could receive with legal representation.

Accepting a Settlement

  • Consideration: Before accepting a settlement, consider the long-term implications of your injury. Will there be ongoing medical expenses? Could your injury affect your ability to work in the future?
  • Negotiation: Without a lawyer, you might lack the negotiation skills necessary to increase the settlement offer. Lawyers are experienced in negotiating with insurance companies and can often secure a more favorable settlement.
  • Finalization: Accepting a settlement usually means you waive certain rights, such as bringing any future claims related to the injury. Legal advice is crucial to understand these implications fully.

While it’s possible to receive and accept a workers’ comp settlement without a lawyer, it’s not always advisable. The lack of legal representation can lead to accepting an offer that doesn’t adequately cover your needs, especially considering long-term implications. A lawyer can provide essential legal advice, help in evaluating and negotiating offers, and ensure that your rights are fully protected.

Remember, the goal of workers’ comp is to support you during your recovery and ensure you’re not financially burdened due to a work-related injury. Professional legal assistance can be invaluable in achieving this goal.

How Do I Find a Labor Lawyer Near Me?

If you have questions about work injury lawsuit settlements or other aspects of a workers’ comp claim, 1-800-THE-LAW2 has a network of local attorneys with answers. You can find an experienced labor lawyer or workers’ compensation lawyer near you by completing our online form for free consultation. Once submitted, a licensed workers’ comp attorney in your area will call you within ten minutes to help you with your workers’ comp case.

You can also give us a call for FREE legal consultation. We are open 24/7.

If I Get Injured at Work, Can I Sue My Employer?

In this article, you’ll find answers to common questions about what to do when you are injured at work, or get hurt on the job, Workers’ Compensation, and what to know when considering “If I get injured at work, can I sue my employer?”

Additional Topics Covered:

Workplace injuries are surprisingly common across America. According to the Bureau of Labor Statistics, there were 2.8 million injuries in private industries alone in 2022 and 5,190 fatal injuries in the year 2021.

If you’ve been injured in the workplace, then you could be left reeling with a variety of different losses. This can be overwhelming and difficult to recover from. Fortunately, the law does provide several paths to justice and recovery. Perhaps most important among the available options is that of workers’ compensation benefits.

Examples of Damages Recoverable in a Lawsuit

Examples of losses from work-related injuries are:

  • Wage loss
  • Medical expenses
  • Disability issues
  • And more

Which Situation Qualifies an Employee for Workers Compensation Coverage?

Workers’ compensation benefits are paid out to employees who are injured on the job, or who suffer injuries linked to their job duties. These benefits are critical for many employees, particularly those in riskier professions. Let’s take a closer look.

Do I Qualify for Workers’ Compensation Benefits?

Despite the name, workers’ compensation benefits are not available to all workers. Typically full-time, part-time, temporary, and seasonal employees, are covered by worker’s compensation. Some states even extend this coverage to student workers, interns, and apprentices.

For instance, certain job types like domestic workers, agricultural workers, and volunteers often fall outside the scope of workers’ compensation. To avoid any confusion, it’s always best to refer to your state’s specific regulations for the most accurate information.

Even if you’re considered an employee, simply having a work-related injury doesn’t automatically guarantee eligibility. The injury or illness must occur during your employment and directly result from your job duties. This includes a wide range of situations, such as:

  • On-the-job accidents: Slips, falls, machinery malfunctions, and other sudden events.
  • Repetitive stress injuries: Conditions caused by prolonged strain, like carpal tunnel syndrome from typing or back pain from lifting heavy objects.
  • Occupational diseases: Exposure to chemicals, asbestos, loud noise, or other hazardous materials over time.
  • It’s important to remember that being prompt is essential. In most cases, you need to report your injury to your employer quickly and adhere to state-specific filing deadlines to ensure your claim is valid. Additionally, the severity of your injury may impact your eligibility, with specific minimum disability requirements. 

If you’re an independent contractor, dealing with work-related injuries can present unique challenges. Since you wouldn’t be covered by workers’ compensation, you may need to explore alternative avenues to ensure some level of protection. 

Assuming you can prove that the employer was negligent, reckless, or engaged in intentional misconduct, then you can sue them and hold them liable for your injuries without workers comp. Also, these damages may even be greater than your would-be workers’ compensation benefits.

What Is the Advantage of Workers’ Compensation?

Well, for one thing, you get to avoid the hassle of a workplace injury lawsuit. But more importantly, workers’ compensation benefits are paid out even if your employer wasn’t at fault for your injuries. 

If you have a slip-and-fall accident while working and hurt yourself, even if it wasn’t anyone else’s fault, you are still entitled to recover workers’ compensation benefits! That’s an enormous advantage for situations where you have suffered a loss, yet no one else is to blame.

Workers’ Compensation benefits are valuable, of course, but they are still limited in certain ways. For example, workers’ compensation benefits do not cover pain and suffering damages and other such losses. Instead, these benefits cover wage loss and medical expenses. You may be wondering, “Can I sue my employer for pain and suffering?”

Typically, if you get hurt at work, you can’t sue your employer, whether it’s for workers’ compensation benefits or afterward. It’s also challenging to sue the insurance company due to legal limitations.

To pursue such claims, like emotional stress, you would need to initiate a personal injury lawsuit and provide evidence that your employer was at fault.

Can You Sue If You Accept Workers’ Compensation?

If your employer offers workers’ compensation, you generally can’t sue them for a workplace injury, regardless of whether you choose to take those benefits or not. Employers tend to have workers’ comp insurance to protect themselves from work injury lawsuits and ensure that their employees can get care for work-related injuries or illnesses.

If you accept workers’ compensation but another party is to blame for your workplace injuries, you may have a legal recourse.

After an Injury at Work, What Are Employer Responsibilities?

In most states, employers are required to have workers’ compensation insurance. Even if a company has just one employee, they still need some form of workers’ compensation coverage.

Employers should also comply with laws and respect the rights of injured employees. If a serious injury occurs and medical attention is needed, employees should have the option to consult a healthcare provider.

Ultimately, it’s important for employers to ensure a safe working environment to prevent workplace injuries. If an employee gets injured, employers need to fill out an injury report to their workers’ compensation insurance provider.

When to Hire a Workers Comp Lawyer

Serious Personal Injury

In cases of severe injury, only having access to workers’ compensation benefits can lead to a lower recovery than if you had been able to successfully sue your employer or some other defendant.

The problem is that workers’ compensation laws shield employers from liability. If you’ve qualified for workers’ compensation benefits and got hurt at work, you can’t sue your employer for damages. However, there are exceptions that allow you to sue your employer and secure a larger compensation amount.

Facing a work injury can be overwhelming, especially with the pain and financial concerns. While workers’ compensation provides crucial assistance, navigating the system and securing maximum benefits isn’t always straightforward.

That’s where a skilled workers’ comp lawyer comes in, even if you don’t plan to sue your employer. The benefits include:

  • Lawyers maximize your claims: They understand all available benefits, like medical coverage, lost wages, rehabilitation, and disability payments. They ensure you claim everything you deserve, preventing missed opportunities.
  • They fight unfair denials: Insurance companies often minimize or deny claims. Lawyers can effectively challenge denials, maximizing your compensation.
  • They negotiate favorable settlements: Skilled lawyers can negotiate significantly higher settlements than you likely could alone, even without a lawsuit.
  • They protect your rights: Lawyers act as your advocate, ensuring fair treatment and protecting your rights every step of the way in the legal complexities of workers’ comp.
  • They reduce stress and allow healing: Let lawyers handle the legal battles, allowing you to focus on physical and emotional recovery.

Continue reading about Hiring a Workers Compensation Lawyer Made Easy

Should I Claim for an Accident at Work?

Employer Liability for Employee Actions

To sue your employer and take advantage of the exception, you’ll have to show that:

  • The employer’s misconduct caused your injury.
  • It was intentional or reckless misconduct.

For example, if you got injured at work, you can sue your employer if you can prove that they intentionally withheld protective goggles from factory workers in an effort to cut costs. Perhaps they knew that this would increase the risk of injury but did so anyway because of their new cost-cutting approach.

What Should an Employee Do If There is a Workplace Accident?

Workplace injuries can leave employees feeling confused about what to do next. When you get injured at work, here are the first three steps you should take:

  1. Contact a workers’ comp lawyer immediately. They will gather evidence, speak to opposing counsel, and ensure that all procedural requirements are met. Work injury attorneys are comprehensive advocates and are invaluable at every stage of a dispute.
  2. Preserve records of the injury. Make sure to save all medical documentation, work documentation, and even pay stubs. These all form an important part of your claim.
  3. Do not accept a settlement until you have consulted an attorney. Insurance companies and your boss will always attempt to minimize their liabilities. If you don’t have an attorney advocating on your behalf, they will try to push harder for a quick resolution that undermines your claims.

Find a Workers’ Compensation Lawyer Near You

If you’ve been injured in the workplace, then the law may entitle you to workers’ compensation benefits, and in some cases, damages through a lawsuit. Work-related injury lawsuits can be challenging and complex, however, so it’s important that you secure the assistance of a work accident lawyer who can help you at every stage.

Here at 1-800-THE-LAW2, we operate a large network of attorneys, which includes experienced workman’s comp lawyers. It’s worth speaking to one of our network attorneys for guidance on how to proceed with your claims.

Contact 1-800-THE-LAW2 for a Free Consultation

Contact us today for a free and confidential consultation. Get connected to one of the attorneys in our network in 10 minutes or less.

Additional Questions on Workers Compensation and Workplace Accidents:

Workers’ Compensation Benefits: the Basics

Work related injuries are common and often misunderstood. In general, a workplace injury entitles an employee to workers compensation benefits. Sometimes substantial, workers’ comp benefits help employees recover from their losses and are essential to injury recovery.

Curious about whether you have a claim?

It is worth looking for an experienced workers’ compensation attorney near you. An attorney will ensure the correct filing of your workers’ comp claim. In addition, they will evaluate other strategies so that you can secure the maximum possible compensation.

CALL 888-943-0190 TODAY to find an Injury Lawyer Near Me.

For now, let’s explore some basics.

What Are Workers’ Compensation Benefits?

Workers’ compensation benefits act as a compromise solution for job-related injuries. In the event of a work injury, employees receive guaranteed benefits, and employers potentially avoid an expensive workers compensation lawsuit.

Injuries covered under workers’ comp include those sustained within the course and scope of employment. In other words, the injury must have happened during a job-related duty.

If you were injured in a car accident while commuting home from work, that would likely not qualify for benefits.

How Does Workmans Comp Work?

If you receive an injury on the job, inform your employer immediately. Stay calm. If you cannot directly notify your employer, have a co-worker notify your boss instead. Lastly, don’t delay in seeking treatment. To ensure your injuries receive treatment and that their documentation exists, obtain medical attention as soon as possible.

It is worth noting that workers comp falls under Strict Liability Laws, meaning you do not have to prove your employer was negligent. However, you must prove that you were injured and that this injury occurred during your employment. That gives you a lot of negotiation leverage for securing compensation.

What Losses Does Workers’ Compensation Cover?

As you move forward with the workers’ compensation process, there are several limitations that you should consider. Among these is that workers’ comp benefits may not cover all your losses.

Some losses, like pain and suffering associated with your injuries, are not covered by worker’s comp benefits. To obtain compensation for these losses, you will have to pursue an alternative legal strategy. Suppose you have substantial losses not covered by workers’ comp benefits. In that case, your attorney may rightfully encourage you to pursue a traditional lawsuit.

What Do Workers’ Compensation Benefits Cover?

Coverage may include things such as:

  • Medical care
  • Permanent disability
  • Temporary disability
  • Vocational rehabilitation
  • Wage loss benefits
  • Death benefits
  • And more

Typically, workers’ comp benefits end when you return to work. Every state is different, so make sure to discuss the particulars with an experienced workers’ compensation attorney near you.

Which Workers are Qualified to Receive Workers’ Compensation Benefits?

Workers compensation laws require most employers to carry workers comp insurance. Despite having coverage, not every injured worker is qualified to claim benefits.

There are many eligibility requirements, so before you ask how workers’ compensation works, consider the following:

  1. Your employer must have workers’ compensation insurance.
  2. You must be a covered worker; independent contractors are not entitled to workers’ comp benefits.
  3. Your injury or illness must link to a job-related accident.
  4. You must file a claim within the applicable statute of limitations deadline. Time is of the essence.

One of the most common points of contention in workers’ comp disputes is how a worker is classified. If you are a covered worker, you may be entitled to compensation. However, if you are misclassified as an independent contractor or volunteer when you are, in fact, an employee, you may wrongfully lose access to essential workers’ comp benefits.

Misclassification is a serious issue worth disputing, but you’ll want to secure the assistance of a qualified attorney for guidance.

Retaliation in the Workplace

In some workers’ comp cases, the employer doesn’t want their insurance premiums to increase, so they’ll discourage you from filing a claim. If you file a workers’ compensation claim, they will retaliate against you.

Retaliation can take many forms, such as firing or passing you over for a promotion, pay raise, or refusing to pay out a bonus. However, any adverse action your employer takes against you in the context of employment qualifies as retaliation.

Always remember: Retaliation in the workplace is illegal.

Contact an experienced retaliation lawyer today. CALL 888-943-0190

If you have filed a workers’ comp claim, your employer cannot fire or retaliate against you. If your employer retaliated against you, you would have an independent claim for damages against them, leading to additional compensation.

Real Take: My Boss Let Me Go, What Should I do?

Retaliation disputes can be complex, so do not move forward alone. Contact a work injury lawyer who has experience dealing with the many problems associated with work injuries as soon as possible.

When Does Workers’ Compensation Pay Out?

Injured workers often wonder how long they wait until a claim is paid. After all, they may sink under the weight of unpaid bills and costs.

Claim payment schedules can vary from case to case and state to state. As a general rule, however, benefits are typically paid within 21 days of an employee informing their employer of the injury or illness.

Many factors can affect the payment schedule. Whether you receive a payout depends on whether your claim was approved or denied. Remember that if your claim was denied, you could challenge the denial with the help of an experienced workers compensation attorney.

Find a Workers’ Compensation Attorney in Your Area Today

If you have a job injury, it is essential to contact an experienced local work injury attorney as soon as possible.

Here at 1-800-THE-LAW2, we maintain an extensive network of work injury lawyers experienced handling workers’ compensation disputes. To learn more about filing a workers’ compensation claim, or to find a workers’ compensation attorney near me, CALL 888-943-0190 to connect with a local attorney.

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