You may be interested in what you can do to recover payment for injuries sustained at work. Learn about your legal options, what you can do and how to make a decision.
All states require that businesses have workers’ compensation insurance. Also known as workman’s compensation, it is mandatory in all 50 states. Workers’ compensation covers employees who are injured or sick at work and pays for medical expenses and cash benefits. However, it is not an infallible system and you may need legal representation to protect yourself.
Notice: Federal workers are covered by the federal workers’ comp system.
What are the eligibility requirements?
The laws governing workers’ compensation vary from one state to the next. To be eligible for workers’ compensation benefits, there are certain requirements.
- Employers must have workers’ compensation insurance. The requirements vary depending on how many employees you have, what type of business you are in, and how much work they do.
- An employee is someone who works for the company. An employee can include both full-time and part-time employees. Seasonal workers temporary employees and independent contractors, except volunteers and independent contractors. Undocumented workers, domestic workers, and farm laborers may not be eligible.
- Injured in the course of performing your job-related duties. It’s not always easy to see the big picture. It is possible to sustain injuries off-site, but they are still connected with the job.
What are Workplace Injuries and How Can They Be Avoided?
According to the most recent numbers from the private sector reported slightly more than 3 million non-fatal workplace injuries or illnesses in 2013.U.S. Bureau of Labor Statistics. Many workplace injuries and illnesses are caused by falls, repetitive motion injuries (RMI), manual materials handling, slips, falls, and motor vehicle accidents.
- Falls are a frequent occupational danger for construction workers. They can cause broken bones, spinal cord injuries, brain injuries, and even death. Defective equipment, unsafe working conditions, and carelessness are all possible causes.
- Repetitive motion injuries are caused by repetitive movements for a long time. This can lead to bursitis or carpal tunnel syndrome, tendonitis, and tendonitis. These are the most common workplace injuries.
- The U.S. Bureau of Labor Statistics estimates that more than one million workers have back injuries. This accounts for one in five manual material handling injuries or illnesses. Back injuries can be caused by lifting, carrying, lifting, lowering, or placing loads.
- Workers’ compensation does not coverslips or falls unless there was a dangerous condition that caused the fall. These injuries can result in broken bones, head injuries, or musculoskeletal injuries.
- If the employee was involved in work-related activities, injuries sustained in a motor vehicle collision are covered by workers. Except in exceptional circumstances, employees cannot be compensated for injuries sustained while commuting between work and home.
What do you do after an injury?
After you have been injured at work, you must immediately notify your immediate supervisor. There are different reporting requirements from one state to the next. You may lose your right to file workers’ compensation claims if you fail to report an injury or illness at work within the timeframe required by law.
After your employer has been notified, they must ensure that you get all the medical attention you need. Employers must also notify their insurance company and file a claim with the state workers’ compensation board.
What benefits are you entitled to?
Workers’ compensation pays for all medical expenses related to treating an employee’s workplace injury or illness. This includes prescriptions and durable medical equipment. If an employee is unable to return from injury, they may be eligible for vocational rehabilitation benefits.
Workers’ compensation benefits pay for employees who are unable to work because they have lost their wages. The benefit amount is usually two-thirds the weekly wage of an employee. There are four types.
- Temporary total disability. Temporary total disability benefits are available to employees who are temporarily off-duty for a short time.
- Temporary partial disability Temporary partial disability benefits are available to employees who can perform light jobs until they can return to the same job.
- Permanent Total Disability. Permanent total disability benefits are available to employees who are permanently and completely disabled and cannot return to work. An employee might also be eligible for Social Security Disability payments.
- Permanent Partial Disability. Permanent partial disability benefits are available to employees if their ability to work is affected by the total or partial loss of a body part or body.
- Death Benefits. As compensation for financial loss, families can receive death benefits if an employee is killed while on the job.
What are your legal rights?
Workers’ compensation does NOT cover punitive or personal injuries. However, injured employees may have rights to workers’ comp. Employees who are injured on the job may be able to file a civil lawsuit to seek additional damages. It is important that injured employees understand their legal rights.
- Most states allow employees to recover damages from their employers if they are directly and specifically hurt. The exceptions are Alabama, Georgia and Indiana, Maine. New Hampshire. Pennsylvania. Rhode Island. Virginia. Wyoming.
- If they don’t have workers’ compensation insurance, injured employees can sue their employer for personal injury. Your employer must be held responsible for the injury.
- The manufacturer can be sued by an employee if he or she is injured at work due to a defective piece of equipment or machine. Damages would be borne by the manufacturer.
- Long-term toxic effects can result in lung disease, neurological damage, and cancer. Workers can sue the manufacturer for toxic tort.
- An employee can sue a third party if they are the ones who caused the injury or illness at work.
What to look for in a Personal Injury Lawyer
It is important to select a Personal injury lawyer You want someone who is focused on your best interests. Ask them about their experience and background during your first consultation. How will they assess your case? What are their qualifications to handle your case? What is their fee? You have the opportunity to meet the attorney and to determine if they are the right fit for you.
Most of the time, workers’ compensation works smoothly. You may need to have a lawyer for workplace injuries to help you navigate the claims process. You may not get all the benefits you are entitled to without proper guidance.
You may need to have a Personal Injury Attorney? Arizonaima They can assist. Discuss your case options with an independent attorney after a free evaluation for personal injury.