August 25, 2022 | Workers' compensation

When you are injured at work or while carrying out work-related tasks, you are entitled to workers’ compensation benefits. Workers’ compensation benefits is a system that was developed to provide injured or ill employees with the financial resources they need to seek medical treatment. The benefits are also designed to compensate workers for the period that they are unable to work due to their injuries.

Workers’ compensation benefits are also for the protection of the employer. Injured or ill employees cannot file a lawsuit against their employer the injuries suffered. They must seek compensation from their employer’s workers’ compensation insurance policy. Employers can therefore avoid losses resulting from hefty payouts to injured employees.

Types of Workers Compensation Claims

There are different types of workers compensation claims that you can file. The type of claim you file will depend on the degree of severity of your injury. However, different rules apply in different states. It is therefore best to consult with a workers’ compensation benefits attorney in your area to determine which benefits you are eligible to file a claim for.

• Medical only claims

These are the most basic type of workers’ compensation claims and often the easiest to process. If you have suffered a mild injury that can be treated in a short time and only requires a short period for recovery, you may consider filing this type of claim. This type of claim is recommended for injured workers that are able to return to work the same day or the next day following treatment. The amount you will be compensated will depend on the cost of treating the injury.

• Temporary partial disability

These types of claims are very common. They are recommended for workers that have experienced injuries that require some period of recovery away from work. The worker may return to work after a few days but will not be able to carry out their regular duties for some time. The employer may choose to give them time off work or assign them light-duties at work.

This type of claim seeks compensation for medical treatments as well as lost wages for the period of recovery. The amount you receive as compensation will therefore depend on your average weekly earnings as well as the cost of treatment. Most states will require that you are paid 2/3 of your wages for the period of recovery. However, some states place a cap on payouts. Workers earning less than a certain amount will be entitled to more than 2/3 of their wages in these cases.

• Temporary total disability

In this case, the worker is injured to the extent that they need time off work in order to recover. The diagnosis from the doctor may indicate that the worker will recover fully from the injury. However, the worker isn’t able to work during the period of recovery. They aren’t even able to carry out lighter tasks.

In this instance, the worker is entitled to compensation for medical treatments as well as lost wages for the period they are unable to work. They will be awarded 2/3 of their earnings for the period that they are off work. Injured employees may also recover compensation for the cost of medication, rehabilitation as well as having to see a specialist for the treatment of their injuries.

• Permanent partial disability

This is when workers have sustained injuries that keep them from returning to their regular duties permanently. The employer will no longer be able to retain they worker as they are unable to perform their duties and will never be able to do so.

These claims enable injured workers access to compensation for medical treatments as well as lost wages and lost capacity to earn. The worker therefore continues to receive benefits even after they become unemployed. Employees are compensated 2/3 of their average weekly wage. They are some adjustments that may be made. These benefits may be given for up to 400 weeks.

• Permanent total disability

In this case the injuries prevent the worker from returning to any form of work. These claims are often made for severe injuries such as the loss of a limb or paralysis. The worker in this instance will never fully recover from their injuries.

Workers are compensated for medical expenses as well as their wages. They are also compensated for the loss of earning capacity. The period for which they will be compensated varies depending on their injuries.

• Death

There are instances when workers die as a result of the injuries sustained in a workplace accident. In these cases, the worker’s survivors i.e. spouse and children, can file for compensation. The amount they are awarded will depend on the deceased wages and how long the deceased would have been expected to continue working. It also depends on the cap set by the state. The survivors are also compensated for funeral expenses.

If you’ve been injured at work, contact us to consult with an experienced workers’ compensation benefits lawyer and find out what type of claim you can file.

What are Workers Compensation Claim Types