You’ve been injured at work, and now you’re wondering, “What are my rights?” The answer depends on the state where you work, your employer’s insurance coverage, and any potential legal action. In some cases, your best option is to consult a workers’ compensation attorney.
Read on to learn more about workers’ compensation eligibility, benefits, and potential complications.
Eligibility for Workers’ Compensation
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who are injured while performing their job duties. In order to be eligible for workers’ compensation, you must meet certain criteria. Here are some common requirements:
- You must be an employee: Independent contractors and volunteers are typically not covered under workers’ compensation.
- Your employer must have workers’ compensation insurance: Most employers are required by law to carry workers’ compensation insurance, but there may be exceptions for small businesses or specific industries.
- You must have a work-related injury or illness: This means that your injury or illness was caused by the activities you perform as part of your job duties. It does not necessarily need to occur on company property.
- You must meet any state-specific requirements: Each state has its own laws and regulations regarding workers’ compensation eligibility, so it’s important to familiarize yourself with those that apply to you.
Benefits Provided by Workers’ Compensation
If you meet the eligibility requirements for workers’ compensation, you may be entitled to a variety of benefits. These can include:
- Medical treatment: Workers’ compensation will cover the cost of medical treatment related to your work injury or illness. This can include doctor’s visits, hospital stays, medications, and physical therapy.
- Wage replacement: If your injury prevents you from working for a period of time, workers’ compensation may provide wage replacement benefits. The amount and duration of these benefits vary by state.
- Rehabilitation services: In addition to medical treatment, workers’ compensation may also cover the cost of vocational rehabilitation services to help you return to work in some capacity.
- Disability benefits: If your injury or illness results in a permanent disability, workers’ compensation may provide ongoing benefits to help compensate for lost wages and reduced earning capacity.
Potential Complications
While workers’ compensation is designed to provide support for injured employees, there can be complications that arise during the process. These may include:
- Denial of benefits: Your employer or their insurance company may dispute your claim for workers’ compensation, either by arguing that your injury is not work-related or by claiming that you are not eligible for coverage.
- Reduced benefits: In some cases, your employer or their insurance company may try to minimize the cost of your claim by offering lower wage replacement benefits or disputing the need for certain medical treatments.
- Retaliation: Unfortunately, some employers may retaliate against employees who file for workers’ compensation by demoting, firing, or otherwise discriminating against them.
How an Attorney Can Help
If you encounter any of these complications or have questions about your rights and benefits under workers’ compensation, it may be in your best interest to contact a skilled workers’ comp attorney. An attorney can help you navigate the complex legal system, gather evidence to support your claim and negotiate on your behalf for fair compensation.
In addition, if you are facing retaliation from your employer, an attorney can help protect your rights and hold them accountable. They can also assist with any appeals or disputes that may arise during the claims process.
Contact an attorney today to discuss your workers’ compensation case and ensure that you receive the benefits and support you are entitled to. Act quickly, as there are time limits for filing a claim, and seeking legal assistance can help ensure that your rights are protected.
*The information in this article does not necessarily reflect the views of The Global Hues. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in this article.*