When workers are injured on the job, they are entitled to certain benefits through the workers’ compensation insurance program. Unfortunately, not all employers are equally forthcoming about that fact. Sometimes, workers injured on the job are forced to go it alone. This article will outline what they need to know to do so successfully.
What Is Workers’ Compensation?
Workers’ compensation is an insurance program that all employers over a certain size are required to pay into. When workers are injured on the job or become ill due to workplace hazards, the program is supposed to pay them benefits to cover medical bills and lost wages.
Who Is Eligible?
With very few exceptions, anyone injured at work or developed an injury or illness due to an event or exposure in the workplace is eligible to receive workers’ compensation. Exceptions include things like intentional self-injury and injuries that occur as a result of intoxication. Remember that workers who experience illnesses due to exposure to harmful substances and people suffering from repetitive use injuries are also entitled to compensation. Those who believe themselves to be eligible but are having trouble navigating the system should schedule a workers compensation consultation right away.
What to Do Immediately Following an Injury
Workers are required to report their injuries to their employers promptly. In most cases, that means on the same day as the incident occurs, although that’s not always possible. Reporting an injury immediately can lead to a stronger workers’ compensation claim. In many cases, the physicians providing medical care can assist with filing a report. Either way, it should include the following:
- The injured worker’s name and contact information
The time and date of the incident
Where the incident happened
How it caused injury to the worker
What physical symptoms are present
What to Do if a Claim Gets Denied
Sometimes, perfectly valid workers’ compensation claims get denied the first time. When that happens, injured workers should seek legal representation before filing an appeal. Similarly, those who experience harassment or other forms of reprisal from their employers over filing workers’ compensation claims should seek legal help. This kind of harassment is illegal, and employers who engage in it deserve to be held accountable.
Compensation Amounts
Workers’ compensation insurance pays for the medical care required by an injured employee but also covers some of the person’s lost wages. The exact amount will vary, although the maximum for temporary total workers’ compensation is two-thirds of the worker’s normal paycheck, up to $1,085 per week. These benefits will continue until the injured party can return to work.
If people injured on the job can return to work but not at their full capacity, they may also be entitled to wage loss benefits. This benefit pays two-thirds of the difference between an injured worker’s previous wages and their current earnings. If the disability causing the person not to be able to work at full capacity is permanent, they may also be able to get permanent partial disability payments.
Getting Help Negotiating the Claim Filing Process
Anyone eligible for workers’ compensation is also entitled to obtain legal representation at any point during the claim-filing process. The easiest way to navigate this sometimes complex issue is to find a workers’ compensation attorney immediately after the injury. However, workers can also seek legal help at any point, including after a claim has been denied.
