Workers’ compensation laws state that every employer who has at least one person working for it must have workers’ compensation insurance. Private companies, federal organizations, local government organizations must all provide this insurance. Workers compensation laws also cover subcontractors. The insurance covers employees who are work or become sick on the job. It covers medical treatment, wage replacement, vocational rehabilitation and other benefits.
How Does Workmans Comp Work?
If you become sick or injured on the job, workers’ compensation insurance covers the illness or injury. The injury or illness must take place at work. Common claims include slip and falls, strains from heavy lifting, workplace violence, overexertion, falling, machinery accidents and employees getting hit by an object. If you became sick because of your workplace—not just because you caught a cold, but because you got cancer from working with chemicals on the job or another disease or illness because of the workplace, you might be covered by workers’ compensation.
Before you make a claim, ask yourself, “How does workers’ compensation work?” Visit your attorney before you take action, especially if you have a long-term disability or illness. While benefits include hospital and medical expenses, it only pays two-thirds of your salary. Every state’s workers’ comp laws are different. If your injury or illness is something you should be suing for, you need to speak to a workers’ comp attorney before you file.
Settlement for Workers’ Compensation
A settlement for workers compensation has many benefits, but it also has many restrictions. While it does pay for medical expenses, you may have to get authorization for any medical treatment other than emergency medical treatment. If you obtain authorization, it may cover your medical expenses, including mobility equipment, including a special vehicle, wheelchair or walker. If you need therapy, it may cover that, whether psychological, cognitive or physical therapy, once approved.
Since workers’ compensation only covers approved medical practices, it might not cover an experimental drug or therapy that your doctor may prescribe. If you want or need alternative medicine or experimental treatment, you should contact an attorney.
Your workers’ compensation settlement may payout for:
Death benefits; and
In many cases, workers’ compensation might not cover everything. You do have the option to sue your employer. Before you apply for workers’ compensation, contact Wallace and Graham, P.A., to set up a consultation to discuss your case.
How Does Workers’ Comp Pay You?
Since workers’ compensation is a no-fault program, the injured employee, in most cases, cannot sue the employer for his or her injuries; thus, it is important to contact a workers’ comp lawyer before you file for benefits. In some cases, it might be beneficial to use the workers’ comp insurance, while in others, it might be more beneficial to sue the employer.
A workers compensation exemption also applies to some workers. Though every state is different, some workers that might not have coverage, including domestic workers, agricultural workers, independent contractors and seasonal workers. These workers would have to file a lawsuit against the employer to recover damages from an accident or illness.
Additional exemptions may include whether the employee was under the influence, intentional acts of the employee or employer and/or self-inflicted injuries. When you notify your employer that you suffered an injury on the job, it should give you a form to fill out and fact sheets that outline your rights, including answering the question, “How does workers comp pay you?”
Contact Wallace and Graham, P.A.
Workers’ compensation is a complicated area of law. While you should be able to file a claim on your own, it is better to retain an attorney, especially if you believe that the benefits offered will not cover your injuries or if your injuries are expected to be long-term. Contact Wallace and Graham, P.A. to schedule a consultation and to learn more about workers’ compensation benefits.
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