July 19, 2022 | Workers' compensation

Have you suffered a work related injury? Or developed a work related illness? You may be able to recover compensation for your injuries or illnesses through workers’ compensation. All states require employers to carry workers’ compensation insurance to protect themselves and employees in case of a workplace accident or the development of occupational illnesses.

Below are some of the most common questions that are asked about workers’ compensation.

1. When should I report a work injury?

Specific requirements for work injury reporting vary from state to state. However, many states set a limit of 30 days. It is therefore best to report your injury to your employer as soon as possible. If your injury is the result of overuse or repetitive stress, you should make a point of reporting the injury to your employer as soon as it is diagnosed. This will ensure you remain eligible to file for workers’ compensation.

2. Can I see my own doctor when I am injured at work?

Yes, you may see your own doctor to attend to your injuries. However, your employer or their insurance company may require you to see a doctor of their choice. It is therefore important to report your injuries or illness to your employer and find out if you need to see their doctor for treatment or confirmation of the injury or illness.

3. Who pays for the benefits under workers’ compensation?

Employers are required by state laws to purchase workers’ compensation insurance. Their insurance company will therefore pay the benefits. Your application for workers’ compensation benefits will therefore be forwarded to your employer’s insurance company who will determine whether to honor the claim or not. You may therefore find that the negotiations for a settlement for your injuries will be between you and the insurance company. Your employer however, may also be represented in the negotiations by their attorney.

4. What does workers’ compensation cover?

Workers’ compensation benefits are designed to provide a financial cushion for workers that suffer work related injuries or illnesses. Workers’ compensation covers damages such as medical expenses, ongoing medical care and lost wages. Workers’ compensation may also cover funeral expenses if the worker became sick or was injured and died as a result of their work-related illness or injuries. If the worker dies as a result of their injuries, the benefits will be paid to their family.

5. What isn’t covered by workers’ compensation?

Workers’ compensation helps to protect employees and their employers in the event of workplace accidents or the occurrence of work-related injuries. However, there are situations that are not covered by workers compensation. These vary depending on the state you work and live in. Some examples of situations that are not covered by workers’ compensation include:

• Injuries resulting from a fight that the employee started
• Injuries that resulted from an accident caused by the employee when under the influence of drugs or alcohol
• Injuries suffered when the employee was not on the job e.g. when carrying out their personal errands.

6. What should I do if the insurance company denies my claim?

Don’t give up. You can pursue the claim further even after the insurance company has denied your claim. You can pursue the claim with the Workers’ Compensation Board. Send a letter to the Board asking them to review your claim. A qualified and experienced workers’ compensation lawyer can help you navigate this process.

7. What should I do if my employer starts treating me differently after filing a workers’ compensation claim?

It is against the law for employers to discriminate or retaliate against employees that file workers’ compensation claims. If your employer fires you or acts in a way to try and get back at you for filing a claim, you should talk to a workers’ compensation attorney. They will take action to protect you from retaliation by your employer.

8. Will I receive more compensation if I am terminated after filing a workers’ compensation claim?

It depends. If your employer can provide documentation with a valid reason for your termination, then your termination may in fact have a negative impact on your compensation. The insurance company may not have to pay future out-of-work benefits. However, if you were terminated simply because of the disability you developed as a result of the workplace injury, you may receive more compensation.

9. When should I contact a workers’ compensation lawyer?

It is possible to file a workers’ compensation claim on your own. However, If you want to increase your chances of successfully recovering benefits, it is best to consult with an experienced attorney right from the start. Many attorneys work on a contingency fee basis. This means you won’t pay them from your pocket. Their fee will be a percentage of your compensation. You therefore have nothing to lose.

10. How do I know if the settlement offered by the insurance company is fair?

The best way to know whether a settlement offered by the insurance company is just is to consult an experienced attorney. Your attorney will estimate the value of your case based and guide you on how much to pursue.

Contact us to speak with an experienced workers’ compensation attorney and learn about your rights and options.

Workman’s Comp Top 10 Questions