WORKERS COMPENSATION LAW
Workers' Compensation laws provide employees who are injured or disabled on the job, fixed monetary awards, without having to endure litigation. Benefits are also provided for dependents of those workers who are killed because of work-related accidents or illnesses.
Other laws protect employers and co-workers by limiting recovery amounts and liabilities of both the employers and co-workers. Both state and federal workers compensation statutes provide this structure.
Frequently asked question's about workers compensation claims
What is workers compensation?
Workers compensation is a legal procedure for compensating injuries that have taken place on the job.
What exactly does on the job constitute?
It means any action either at the place of work or for the cause of work and/or an employer.
What should I do if I am hurt on the job or during the course of working for an employer?
You should obviously take care of your injury by seeking medical help right away, and as soon as possible you should contact your employer and explain the circumstances.
What if I'm not hurt bad enough to see a doctor and don't receive an examination, but then later develop a medical problem?
Workers compensation claims are approved by the state compensation board, and if you don't verify your work injury by visiting a doctor for at least a minimum examination, then you may not be able to prove that your injury or medical problem was related to your job.
How do I file a claim and what responsibility does my employer have?
It is the individual's responsibility to see to it that all paperwork has been filed correctly. You can obtain forms from your employer and medical records from your doctor. It is also advisable to seek legal advice in all cases as a precautionary measure. In more serious cases, you should definitely seek legal representation to protect your rights.
How much money can I receive, and what about lost wages or future wages?
It depends on the seriousness and nature of the injury. In addition, you will be entitled to recover medical fees, lost wages and future wages. Depending on the state you can receive 'temporary total disability' for short-term lost wages, 'permanent partial disability' for partial loss of function, or a 'permanent total disability award' for a total loss of function.
Can I sue my employer for my injuries?
No. Injured workers are compensated through a dedicated state compensation fund.
Is there any other assistance besides contacting a lawyer?
Yes, some unions have workers compensation representatives who are familiar with the process of filing a claim and what pitfalls to avoid while pursuing rewards. This will vary from state to state, and is worth looking into as a reinforcement for your claim.
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