If you’ve experienced a workplace injury, exploring workers’ compensation might not be your sole avenue for recovering losses. All states, along with federal laws for certain occupations, have provisions for workers’ compensation, but what exactly are these benefits? Who qualifies, and when and why should you initiate a claim?
Who Qualifies for Workers’ Compensation Benefits?
Understanding what workers’ compensation benefits entail is crucial. These benefits are designed for qualifying workers who’ve sustained job-related injuries or illnesses. While the specific laws vary, generally, you need to be classified as an “employee” to be eligible. If you’re unsure about your classification, consulting a lawyer is advisable, as some employers may misclassify workers to avoid paying employment taxes.
Unpacking Workers’ Compensation Benefits
So, what are workers’ compensation benefits? These benefits serve as a financial resource for covering medical expenses and other losses resulting from on-the-job injuries. The primary benefits include:
1. Medical Benefits: Covering the costs of treating job-related injuries or illnesses.
2. Disability Benefits: Providing a portion of lost wages (typically 60% or 66.6% tax-free) while you’re unable to work.
3. Rehabilitation or Retraining Benefits: Assisting in the process of returning to work after a disabling injury.
A key aspect of workers’ compensation is its “no fault” nature. This means you don’t have to prove your employer’s responsibility for the injury to file a claim. Even if you caused the injury, legal assistance can help you secure these benefits.
When Can Employees Initiate a Claim?
Employees can file for workers’ compensation benefits when they suffer job-related injuries or illnesses. The definition of “job-related” is broad, encompassing injuries that occur while performing specific job duties or even incidents like slipping on the way to the bathroom. However, it’s crucial to adhere to strict deadlines for filing claims, as delays could jeopardize your right to payment. Consulting a lawyer promptly after a workplace injury is essential.
Where to File for Workers’ Compensation Benefits?
In most states, employees file workers’ compensation claims with their employers. Employers are typically required to have insurance to cover workers’ compensation liability. Your employer will provide you with a form to report your injury or illness, along with instructions on where to submit the completed form.
In some states (and under federal workers’ compensation laws), employees must file claims directly with a government agency. Consulting a local attorney specializing in workers’ compensation claims will guide you on the correct filing procedures.
Why Do Employees Have Access to Workers’ Compensation Benefits?
Workers’ compensation benefits exist to address the daily risks of injury and illness faced by all workers. The “no fault” nature ensures eligible employees receive the necessary benefits to cover expenses during their recovery. However, this system involves a trade-off: while employees can collect “no fault” benefits, employers paying workers’ compensation are generally immune from lawsuits. This protects both employers and employees, though workers may experience challenges if they suffer substantial losses after a workplace injury.
Why You Need a Lawyer for Your Workers’ Compensation Claim
Navigating workers’ compensation and potentially seeking additional compensation demands legal expertise. Your attorney can advocate for maximum workers’ compensation benefits and explore additional claims against third parties, such as property owners or product manufacturers. Qualified workers can also pursue Social Security disability insurance (SSDI) and supplemental security income (SSI) benefits. Having an attorney ensures informed decisions and comprehensive protection of your legal rights throughout the process.