workers compensation benefits, a guide for those injured at work

Workers’ Compensation Benefits: the Basics

Tarun Sridharan Legal Editor & Attorney Contributor Read Time: 5 minutes

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.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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