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Workers' compensation laws
entitle employees to certain benefits when a personal injury
is suffered in an accident arising out of and in the context
of employment. Most employers are required to carry workers'
compensation insurance and so, for all practical purposes, all
workers are covered. Benefits may include temporary total disability
benefits while you can't work, payment of your medical bills,
permanent partial disability benefits, or total disability benefits
What Is Workers Compensation?
Each state has
a system of laws generally referred to as workers compensation.
These laws vary from state-to-state and by occupation, but they
ultimately serve to protect workers and ensure that employees
who suffer injury due to work accidents receive proper compensation
including benefits to cover medical expenses and lost wages.
State worker's
compensation systems are intended to provide relief for injured
workers while protecting employers from liability claims. A
number of federal statutes exist to protect those injured in
the line of railroad, mining, maritime, and other types of employment.
Injuries on the
job are a relatively common occurrence. While most work accidents
result in minor injuries like cuts or burns, work accidents
can result in severe injuries, long-term disability or death.
Regardless of
whether the injury is minor or severe, workers have a right
to receive compensation for injuries they incur at work. If
you have suffered injury because of a work accident, you may
wish to contact a qualified worker's compensation attorney who
can help you determine your eligibility for benefits.
What If I Don't Have Health Insurance?
You
can still file a workers compensation claim even if you do not
have individual health insurance coverage . Most
employers are required by law to have workers compensation insurance
for their employees. Workers who are injured on the job or because
of their job can file a claim with their employer's workers
compensation insurance carrier.
In other words,
employees who have been injured in a work accident receive benefits
through their employer's insurance and not their own.
What Types of Injuries Does Workers Compensation
Cover?
While the following
list is not comprehensive, it does cover some of the more common
work-related injuries covered by workers compensation:
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Repetitive stress injuries
such as carpal tunnel syndrome
-
Mental and/or physical strain
caused by work-related stress.
-
Preexisting conditions worsened
by job duties or the work environment. A common example is
back injury.
-
Diseases contracted due
to repeated and prolonged exposure to toxins at work. I.e.:
Asbestos poisoning
-
Injuries sustained on company
grounds while “off the clock”
There are
injuries that workers compensation will not cover.
These include self-inflicted injuries, injuries sustained
during the commission of a crime, or injuries suffered due to
employee misconduct.
You should consult
a qualified attorney if you have questions regarding injuries
you suffered as the result of a work accident.
What Should I Do If I've Been Injured At
Work?
First and foremost,
you should
report the injury to your employer. Next, ask
your employer for a claim form &
file a claim .
In workers compensation cases, time is of the essence since
you only have a limited amount of time to file your claim.
Finally, if you
have been involved in a work accident, the most important thing
to do is document everything. It may be wise
to start a file and include the following:
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Notes regarding
exactly what happened before, during, and after the incident
.
-
Documentation
regarding the extent of your injuries (for example, photos
and medical records)
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A log
of your conversations with insurance adjusters, doctors,
lawyers, witnesses, etc.
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Other pertinent
information including important letters and medical bills
It is also important
to keep all evidence of your injury. Depending
on the nature of the incident, the evidence may include photos
of damaged property or the scene of the accident as well as
any defective product or piece of equipment, which may have
been directly involved.
Can I File A Claim Against My Employer?
Workers Compensation
laws were established not only to protect workers, but also
to protect employers.
Because most
employers are required by law to provide workers compensation
insurance for their employees, they are protected by the law
from defending themselves against personal injury claims by
employees.
This is not to
say that you cannot sue your employer. However, it does limit
the grounds on which you can sue an employer.
Essentially,
workers compensation is a no-fault system,
which means that negligence is not an issue. Employees who sustain
work-related injuries due to a defective product or machinery
may pursue a third party claim. These claims are usually filed
against manufacturers of faulty products or equipment.
Know Your Rights
Workers compensation
is a complex system of laws with specific guidelines and procedures.
If you have been injured in a work accident, you may be entitled
to receive benefits. An experienced workers compensation attorney
can help you recover damages and ensure that your rights are
protected.
Personal injuries
can occur in a wide range of accidents; however leading causes
of personal injuries can be attributed to:
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