Workers Comp Questions and Answers – Omaha NE
October 12, 2023 | Workers' compensation
Most employers are required by state laws to carry workers’ compensation insurance. This insurance is designed to compensate workers that have been injured while on the job. It provides these injured workers with a financial cushion when they are unable to work due to a work-related injury or illness. Workers’ compensation covers wage loss and medical treatment.
Workers’ compensation insurance also helps to protect the employer. Workers that receive workers’ compensation cannot sue their employers for their work-related injuries or illnesses. Employers are therefore able to avoid suffering hefty losses due to lawsuits.
While workers’ compensation claims are meant to be straightforward, they often aren’t. Even simple claims often become complicated as they progress. Below we share 5 of the most frequently asked questions about workers compensation and their answers.
Top 5 Workers’ Comp Questions and Answers
- Am I eligible to receive workers’ compensation benefits?
Every state in the US requires most employers to carry workers’ compensation employers to cover their employees. However, some workers may not be eligible to receive workers’ compensation benefits. These include:
- Seasonal workers
- Independent contractors
- Undocumented works
- Domestic workers such as housekeepers and babysitters
However, it is important to check with the requirements of your state to determine whether you are eligible for workers’ comp.
In order to be eligible for workers’ comp, your injury or illness must be work related. You will not be able to recover compensation if you were injured while on a personal errand even if it was on a work day.
- Is there a deadline for filing a workers’ comp claim?
There is a deadline for filing a workers’ compensation claim. There are also deadlines for reporting work-related injuries. However, the deadlines differ for each state.
It is important to note that filing a workers’ compensation claim is not the same thing as notifying your employer of your injuries. The deadlines for each of these differ. You must notify your employer and file for workers’ comp. Notifying your employer is the first step in filing for workers’ compensation. When you have notified your employer of your injuries, they will give you instructions on how to file for workers’ compensation. This includes providing you with the forms to file your claim.
If you have notified your employer of your injuries and have not received a response from them, don’t wait. Get started with the process of filing a workers’ compensation claim on your own. You may miss out on the deadline and no longer be eligible to recover compensation.
- What kind of benefits can I recover from workers’ compensation?
There are four main types of benefits that are provided by workers’ compensation insurance. They include:
- Medical benefits
These benefits are designed to cover the cost of medical treatment. Costs covered include the cost of doctor’s visits, surgical procedures, hospital stays as well as prescription medication. Medical benefits also cover the costs of rehabilitation for serious injuries, physical therapy and other out-of-pocket expenses for the purchase of medical equipment.
- Wage replacement benefits
These benefits are designed to provide partial replacement for income when the worker is unable to return to work due to their injury. Wage replacement benefits typically replace about two thirds of the injured worker’s base pay up to the limit given by the state.
- Vocational rehabilitation benefits
These benefits are available for those workers whose injuries prevent them from returning to their previous duties. These benefits cater for the costs of retraining in order to gain skills to work in a different occupation.
- Death benefits
These benefits are given when the worker dies as a result of their work-related injuries. The surviving family (i.e. the surviving spouse and dependent children) can recover these benefits.
- Will workers’ compensation pay if I am disabled?
Yes. If you have suffered an injury serious enough to result in a disability, you will be offered a disability settlement in addition to the regular wage benefits. Disability settlements can be paid over time or as a lump sum.
The level of compensation provided under workers’ comp disability benefits will depend on the type of disability you have suffered. The following are definitions used to categorize disabilities under workers’ comp.
- Temporary total disability – involves an injury that temporarily prevents you from working
- Temporary partial disability – involves an injury that prevents you from carrying out the same duties at work
- Permanent total disability – involves a permanent disability that prevents you from returning to your current employer or any other employer
- Permanent partial disability – involves a permanent injury that causes partial impairment to your ability to work.
- Can workers’ comp settlements be negotiated or do I have to accept what I am offered?
It is best to understand how workers’ compensation benefits are calculated in order to determine whether you have been given a fair settlement. Your wage benefits are calculated based on your average weekly pay for the prior 52 work weeks. Medical benefits are calculated based on your medical expenses.
Settlements for minor injuries are often straightforward. You should however, ensure that the calculations are done properly. Settlements for more severe injuries are more complex as they involve future expenses and losses. These are best negotiated with the help of an experienced attorney.
Workers Comp Questions and Answers