When you are injured on the job, you can file for workers’ compensation instead of suing your employer or co-worker. This is a type of insurance offered by employers in every state. With a few exceptions, most employers are required to get this coverage to protect workers from injury bills, property damage expenses, and a temporary-to-permanent inability to work.
Furthermore, this also extends legal protection to the employer, as an employee cannot file a lawsuit against them under workers’ compensation.
When To File a Workers’ Comp Claim
If you suffer from a workplace injury or work-related illness, you can file a workers’ comp claim to cover all your direct medical expenses and any related property damage. You can also earn a percentage of your regular pay while you are unable to work because of your injuries. In fact, workers’ comp is even available in many foreign countries.
You can file a claim under the following conditions:
- You are an active employee covered by workers’ compensation
- You suffer an injury or illness as a result of work activity, regardless of whether you are working at the job site or remotely
- Meet all applicable filing deadlines
- Attend all required medical appointments, treatments, and examinations
If you meet these requirements, you can apply for workers’ comp benefits. It is always helpful to contact a workers’ comp attorney to make sure that you meet all the legal and filing requirements, which can vary from state to state.
It usually does not cost you anything upfront to hire a specialized lawyer. Law firms charge fees according to a scale set up by the review board. What is more, you only pay if you receive a settlement. Having workers’ compensation lawyers on your side can greatly increase your chances at a high settlement.
Federal Employees Filing Alternatives
Federal employees file for workers’ comp benefits through the U.S. Department of Labor’s office. The program administers four workers’ comp programs: wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits.
Federal workers might also qualify for these special programs:
- Federal Employees’ Compensation Program
- Federal Black Lung Program
- Longshore and Harbor Workers’ Compensation Program
- Energy Employees Occupational Illness Compensation Program
When To Hire a Lawyer
Most people can file a straightforward workers’ comp claim without a lawyer, but there are times when you might need legal assistance. For example, a lawyer is important if the facts surrounding your case are in dispute. Your employer might claim that you were injured from some other activity that was not work-related, or the filing date might be questionable.
You might feel that the workers’ comp settlement offer is not good enough. For example, there are exceptions where you can sue your employer directly and receive compensation for pain and suffering. These usually require an employer who recklessly disregards safety or deliberately caused an injury.
You could also sue third-party candidates who are not co-workers. Workers’ comp protects employees from lawsuits unless these are caused by extreme neglect or viciousness.
Keep in mind that each injury lawsuit is unique, and the legal strategies employed by lawyers adapt to the specifics of the case. Upon a close examination of events, a legal expert can offer further guidance on the best way to proceed.
Social Security and Workers’ Comp
If your medical issues prevent you from returning to work, you can receive a regular wage replacement of 66.67% of your regular wage average. However, you might be entitled to a lump sum payment to cover lost wages.
If you receive Social Security disability benefits, your workers’ comp benefits could drastically lower the number of your payments. That is another valid reason to hire an attorney – especially if you plan to file for full disability.
Final Thoughts
Surviving an accident can be a traumatic experience. The repercussions of injuries can be far-reaching, possibly overshadowing a bright career. A skilled lawyer can help ensure that you receive fair workers’ comp benefits and the financial support needed to live a full and happy life.
Author:
With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.
