Do you need a workers compensation lawyer? Need to know how to find an attorney? Workers compensation is an extremely complex part of the law, with many attorneys not clear on how to handle it. If you are involved in a Lawsuit, workers compensation is not going to give you the help you need. You need to retain your own workers compensation lawyers! This website provides resources to begin your search along with information on workers compensation in general.
What is Workers' Compensation?
Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries. An employee injured on the job is guaranteed benefits regardless of who was at fault. In return for workers' compensation benefits, employees usually forfeit the right to sue their employer in court for damages for their injuries. The rules regarding workers' compensation are very different than for other personal injury matters.
What Benefits are Available Under Workers' Compensation?
Workers' compensation benefits typically include:
· Replacement income
· Medical expenses
· Rehabilitation
· Long-term or lump sum pension if you are permanently unable
to work
· Temporary disability pension while you are unable to work
What are the Requirements for Workers' Compensation?
In order to satisfy workers' compensation requirements:
· You must be an actual employee of your employer
· Your injuries have to be work related
How Do I Process My Workers' Compensation Claim?
There are several steps you must follow in order to receive workers'
compensation. You must:
· Promptly report your injury to your employer. Some states require
notice within 2-30 days following the injury. If an injury or illness
results over time you must report it as soon as you realize it was caused
by your work.
· Get medical treatment and follow the doctor's instructions.
· File your claim with your employer's insurance carrier. Your
employer must provide insurance claim forms.
· Save all copies of paperwork throughout the whole process.
What Types of Injuries are Covered Under Workers' Compensation?
Workers' compensation is designed to provide benefits to injured workers
regardless of whether the injury was the employer's or the employee's
fault. As long as your injury is work-related, it is covered under workers'
compensation. Typical injuries covered are:
· Repetitive stress injuries
· Illnesses or diseases that are a gradual result of work conditions
· Traumatic physical injuries
· Repeated trauma injuries
· Mental injuries - when associated with physical injury
· Occupational diseases
What Types of Injuries are NOT Covered Under Workers' Compensation?
Workers' compensation provides for almost every type of injury that
may occur at the workplace. However, several types of injuries remain
uncovered:
· Self- inflicted injuries (including injuries to you when you
cause a fight)
· Injuries resulting from the commission of a serious crime
· Injuries caused when your conduct violates company policy
· Injuries received while intoxicated or under the influence
of illegal drugs
Who is NOT Covered by Workers' Compensation?
Several classes of workers are not entitled to workers' compensation
benefits. The following are employees not covered by workers' compensation:
· Business owners
· Independent contractors
· Federal employees are not covered under state workers' compensation
schemes
· Domestic employees in private homes
· Farm workers
· Maritime workers
· Railroad employees
· Unpaid volunteers
Do I Need a Lawyer Specializing in Workers' Compensation?
If you have been injured at work, your first recourse should be to
file the proper workers' compensation insurance forms required by your
employer. If further disputes arise, consultation with an attorney familiar
with workers' compensation law should be sought. Speaking with the proper
attorney will inform you of your legal rights as well as preserve any
possible remedies you may have.
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