The people who own and operate businesses have a legal and ethical responsibility to protect their employees. Workers rely on their employers to provide them with a paycheck but also to make sure that the environment in which they work is safe for them to do their jobs. One of the ways in which employers protect their workers is by purchasing workers’ compensation insurance.
Commonly known as “workers’ comp,” this insurance helps employees who are injured on the job financially recover from their accident. If you have been hurt at work or have chronic pain from a repetitive motion job position, contact our firm. You may be entitled to receive money through your company’s workers’ compensation insurance policy.
Eligibility
Eligibility for workers’ compensation varies from situation to situation. Some situations are cut and dry accidents that easily receive support, where others require proof that the accident was due to negligence or that the injury was obtained at work. In general, if you are injured on the job, you are probably entitled to some sort of compensation. The exception to this is if you were intoxicated on the job, if you work as a freelancer, or if you fail to meet the submission deadlines for workers’ compensation paperwork.
Common examples of workplace incidents include:
- Heavy machinery injury
- A slip or fall
- Lifting injuries
- Carpal Tunnel Syndrome
- Amputation
- Burns
These are certainly not the only cases that make employees eligible to receive workers’ compensation payments. If you’ve been injured because of a job in any way, it pays to explore making a workers’ compensation claim, as these programs have varied benefits. Here are a few of the most common.
- Medical BenefitsWorkers’ compensation provides monetary support for injured employees in several ways. The first and foremost purpose is to aid in medical bills. If you’re injured on the job, your employer will likely insist that you see a doctor to be formally diagnosed and treated properly. Depending on the severity of the incident, your injury could require repeat medical care that would end up costing you thousands. Workers’ compensation insurance can reimburse you for medical procedures, visits, and surgeries associated with your claim. These programs also reimburse you for lost wages during your time off of work because of your injury.
- Disability BenefitsIf an injury precludes you from doing any part of your job, workers’ compensation helps make up the difference. If you hurt your leg, and your job requires equal parts standing and sitting, you may be unable to work the hours and do the tasks that require you to stand. Workers’ compensation provides you with the money lost over the tasks you cannot accomplish. If you cannot work at all, disability would pay you for all hours you would normally work. Disability benefit programs are available in both short-term and permanent situations. Whether you are momentarily on bed rest or permanently unable to function as you once could, workers’ compensation should pay you for wages lost.
- Family BenefitsIn the unfortunate event of a workplace death, the employee’s family is qualified to receive financial support through workers’ compensation. The payments for death benefits come in two parts. The first is aid for funeral expenses, in which case workers’ compensation insurance helps the family pay for the funeral of the deceased worker. The second part of the family benefits includes ongoing support after the funeral ends.
To help replace the deceased’s income, workers’ compensation will pay a portion of their salary to the family for financial relief. Both spouses and children/dependents are eligible for these benefits. A spouse is qualified until they get remarried, whereas children or dependents can expect to receive compensation until they turn 18. Unfortunately, there are many cases in which the insurance agency fights these claims, especially in the cases involving stepchildren, unmarried partners, and siblings or parents.
Proving Your Workers’ Comp Case
No matter what kind of trauma you’ve been through as a result of your occupation, it’s possible that you will have to prove your case to gain workers’ compensation. The injury must have occurred at work, and you cannot have been intoxicated. If either of these is called into question or the workers’ compensation insurers request more information, it will be your responsibility to make the case that you deserve support. The best course of action in any workplace injury situation is to hire an experienced personal injury attorney to help you prove your case.
Your attorneys will be able to gather information and statements for you and assemble a strong case in your favor. Even if the case feels simple and contest is unlikely, hiring an attorney ensures that your paperwork is submitted on time and in the correct manner. Incomplete, incorrect, or late paperwork could result in delayed compensation or, worse, no compensation at all. Your attorney can also explain whether a personal injury claim makes more sense for your situation than a worker’s comp claim.
For the very best in workers’ compensation law, contact Kampf, Schiavone & Associates. With over 40 years of experience, we’ve gotten nearly 300 million dollars paid to injured employees. No one will treat your case with more attention, care, and expertise as we will.
