Legal Resources

What is workers compensation?

Workers' compensation is a crucial safety net designed to protect hardworking individuals who suffer injuries on the job. Whether you're employed in a small machine shop or a large corporation, the law mandates employers to create a safe work environment. Even with precautionary measures in place, workplace injuries can happen unexpectedly. When the unexpected happens, workers’ compensation provides the injured with a lifeline of income as they recover from their injury.

What Workers Compensation Benefits Can I Receive?

The amount or type of workers’ compensation you receive depends upon the severity of the sustained injury. In cases of minor injuries or short work absences, compensation could consist of medical treatment reimbursement, a short time off and a few days’ worth of lost wages. On the other hand, if an injured worker is looking for compensation for an injury that resulted in a serious, or permanent disability, compensation could encompass long-term wage replacement, ongoing medical care, vocational retraining, and potentially substantial compensation for permanent disability. These benefits could extend for years or even for the rest of the injured worker's life.

How to File a Workers’ Compensation Claim?

If you've been injured on the job or suffered a work-related illness, filing a workers' compensation claim is crucial to secure the benefits you deserve. After seeking necessary medical attention, promptly inform your employer about the incident and document it through an official incident report. Timely reporting is essential to validate your claim's legitimacy. Subsequently, visit a doctor for a comprehensive examination, which will provide an accurate diagnosis and treatment plan. Keep all medical documentation and billing information. Your employer will then communicate your injury details to their insurance carrier, which will initiate the claims process.

What injuries are covered by workers’ compensation?

Physical injuries resulting from accidents like slips, falls, machinery entanglement, and assaults within job duties are often covered. Even off-site injuries during work-related tasks, exacerbated pre-existing conditions, and occupational diseases caused by extended job exposure are likely eligible for compensation. Psychological harm from traumatic events and certain abnormal workplace incidents can also qualify. However, minor injuries treated with basic first aid, off-duty accidents, and injuries caused by drug/alcohol influence do not qualify.

Can I still collect my workers’ comp benefits after leaving my job?

Considering leaving your job after securing workers’ compensation benefits? It's natural to wonder if you can continue receiving benefits. If you leave your job due to your workplace injury, ongoing compensation is possible. Resigning because you can't work or need medical treatment entitles you to workers' compensation benefits until recovery or work availability. Even if you quit, ongoing medical treatment needs or partial/permanent disability resulting from the injury can qualify.

Can I file for workers’ compensation benefits if I have already quit my job?

If you left due to a workplace injury, benefits may still be attainable. Proving that your resignation was injury-related is key. If you quit because you can't work and need treatment, ongoing benefits are possible until recovery or work availability. Whether you have ongoing medical needs or a partial/permanent disability, you could qualify for compensation even after quitting. A workplace injury can lead to discomfort or feeling unsafe, justifying your departure.

Can Workers’ Compensation Cover Stress Claims?

While workers' compensation often brings to mind physical injuries, mental health matters too. Workplace stress, depression, and anxiety can lead to serious challenges, but receiving workers' compensation for these claims isn't straightforward. The Americans with Disabilities Act (ADA) safeguards employees dealing with mental health issues, prohibiting discrimination and mandating reasonable accommodations. However, proving psychiatric claims can be tough, as they require a burden of proof that the condition stems from extraordinary stress compared to others in similar roles. If you're facing such an issue, consulting a workers' compensation lawyer and documenting incidents with your employer is vital.

Do I Need a Workers’ Compensation Attorney?

Navigating the complexities of workers’ compensation claims can be daunting. If you've suffered a workplace injury, you might be unsure about the necessity of hiring a workers’ compensation attorney. While minor injuries with quick recoveries may not require legal representation, the process to secure benefits can be intricate. If your claim is denied, or if you face severe injuries, extended medical care, or permanent disability, enlisting a workers’ compensation lawyer could be crucial to securing the compensation you deserve.

What Questions Should I Ask My Workers Compensation Lawyer?

Start by assessing if you truly need legal representation based on the specifics of your situation, understanding what injuries are covered by workers' compensation. If your claim was denied or involves severe injuries, a skilled attorney's guidance can be invaluable. Additionally, inquire about your potential attorney's experience in workers’ compensation cases, as specialized expertise is essential.

What documents should I bring to a consultation with a workers comp lawyer?

Essential records include detailed employment history, position descriptions, and recent pay stubs, as they help estimate potential benefits accurately. Providing a comprehensive account of the workplace accident is vital, including the date, supervisor notifications, witnesses, accident reports, and injury photographs. To account for medical expenses, compile treatment information, diagnosis records, and medical bills. By arming yourself with these documents, you empower your attorney to build a strong case on your behalf, navigating the complexities of workers' compensation with precision and expertise.

What to do if Your Workers’ Compensation Claim is Denied?

Discovering that your workers’ compensation claim has been denied can be disheartening, but it's important to know that this is not the end of the road. If your claim for the rightful compensation after a workplace injury is denied, you have options to appeal the decision and fight for the benefits you deserve. Common reasons for denial include late notifications, lack of medical treatment records, off-site injuries, or missed paperwork deadlines. Understanding the cause of denial is key to initiating the appeal process effectively.

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