January 25, 2022 | Workers' compensation

Have you been injured at work? Workmans compensation is a type of insurance that employers purchase in order to cover work-related injuries or illnesses suffered by their employees. The payments from workers’ compensation claims are designed to help meet financial needs of employees that have suffered job-related illnesses or injuries. All states require employers to take this insurance, however every state has its own laws governing workers’ compensation programs.

What are my rights?

May workers are unaware of their rights. Wormans comp laws are designed to protect various rights of employees. These include the rights to:

• File for workers compensation. If you have suffered a work related injury or illness, you have the right to file a claim for workers compensation.
• File for compensation without retaliation. Employees have the right to file for compensation without the fear of retaliation from their employers. It is illegal for employers to threaten employees with demotion, termination of employment or other such threats because of their claim for compensation.
• Appeal. If your claim has been denied, you have the right to file an appeal. Many legitimate claims are denied when they are first submitted. Seek the assistance of an experienced workmans comp attorney to help you appeal your claim when it is denied.
• Seek all the benefits for which you qualify. Many workers are unaware of the benefits they are eligible for. An experienced attorney will help you apply for all the benefits for which you qualify. They will help you maximize your benefits.
• Seek professional legal services. Workers compensation laws are designed to make it easy for employees to seek compensation on their own. However, employers and their insurance companies can sometimes be resistant to paying compensation. This can result in the claims process becoming more complex. Employees have the right to seek the assistance of a workmans comp attorney to help them navigate the claims process. Your attorney will represent you and advocate on your behalf to maximize your benefits.

What does workers compensation cover?

Workmans comp is designed to cover:

• Medical expenses. This includes expenses such as visits to the hospital, emergency surgeries and medications
• Lost Wages. Workers compensation is designed to compensate employees for the time they have lost while recovering from a work related injury or illness. Workers compensation will provide financial compensation equivalent to what the employee would have earned if they were working during the period of their recovery.
• The costs for ongoing care. Workers compensation covers the cost for ongoing care including physical therapy.
• Disability. Workers compensation provides compensation for injuries that result in permanent or partial disability.
• Death benefits. The survivors of an employee that has died as a result of a work-related injury or illness can claim workers compensation benefits to cover funeral costs and other death benefits.

Workmans comp ought to be paid no matter who is at fault. It is important to seek the assistance of an experienced attorney to help you navigate the workers compensation claims process. Your attorney will help you maximize your benefits.

How much will I receive as workmans comp?

The actual amount you will be paid as workmans comp will depend on various factors. These include:

• The requirements for workers comp laws in your state
• The nature of your injuries
• What you were earning before your injury

It is a good idea to make an appointment with a workers’ compensation attorney before you file your claim. An experienced attorney can help you determine approximately how much your claim is worth. They will also help you determine what benefits you are eligible for and ensure you maximize your benefits.

Medical benefits are calculated based on the costs of medical care including doctor visits, surgery, prescription drugs, mental health counseling, physical therapy and medical devices. It is therefore important to keep records of all expenses related to medical care. The claims process may become more complex in cases of severe or traumatic injuries. This is because these injuries require more costly treatment or long-term care. Employers and insurance providers often do all they can to pay as little as possible.

Work-related injuries or illnesses that result in total or partial disability attract disability benefits. The amount paid as disability benefit will depend on the nature of disability as well as how much you were earning at the time of the injury. For example, temporary disability benefits are paid for workers that miss work for more than a week due to an injury that has caused them to be unable to work temporarily. The amount paid is meant to replace part of your wages. If you have suffered a permanent disability, the payment would be based on what part of your body is affected, how much you were earning at the time of the injury and the extent of your impairment.

Get in touch with us and make an appointment to talk to an experienced workmans comp attorney.

Workmans Comp Nebraska