Workers Compensation Tips

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How do I start filing a workers' compensation claim?

Filing a Workers' Compensation Claim

When you are injured on the job, you will need to notify your employer immediately. They will be able to get the paperwork started that you will need to apply for workers' compensation. If your employer advises against filing a workers' comp claim, they are acting against the laws regarding workers' comp and you should notify the state's workers' comp board. You are entitled to the benefit of workers' comp as long as you have a qualifying accident or illness in a qualifying job. If you feel that your employer or the workers' compensation board is not doing all they should to cover your expenses, you may need to hire a lawyer to further argue your workers' compensation claim.

Does workers' compensation cover long term problems?

Workers' Compensation Coverage of Long Term Problems

Workers' compensation programs also cover illnesses and other problems that may arise after a long period of time with a specific job or employer. Carpal tunnel syndrome, repetitive stress injuries and stress related illnesses like headaches and stomach issues are also covered. Lung problems, such as black lung in coal miners, are also covered under workers' comp. A workers' compensation lawyer may help you get additional benefits in the cases of long term effects from on the job hazards.

Can my workers' compensation claim be denied due to a preexisting condition?

Denials of Workers' Compensation Due to Preexisting Condition

Some workers compensation claims can be denied, and one of the most common reasons for this is because of a preexisting condition. This means, for example, that if you suffered from a bad back before you were hired, you cannot claim that your job caused you to have back problems. You can, however, file a workers' compensation claim for exacerbation of your back problems. If your job causes you to suffer further damage to an existing condition, workers' comp must cover treatment for the worsening of the problem. It is a very thin line between what will be covered and what will be considered preexisting, so it is best to check with your state's workers' comp board for details.

What is covered under workers' compensation?

Coverage Under Workers' Compensation

Workers compensation usually covers several benefits for injured employees. - It will pay for your medical bills, as well as up to two thirds of your usual paycheck for a time period set by your state. - Workers' comp payments are tax free, and are meant to help you to live reasonably comfortably while you are recovering. Some states also offer vocational rehabilitation, such as different classes and training, if you are unable to return to your previous job. If you are considered permanently disabled after an accident on the job, you may also be entitled to a lump sum payment or long term payments from workers' comp. It is important to contact your workers' comp office as soon as you can, because long term benefits can be tough to obtain.

Can I bring a lawsuit against my employer for injuries on the job?

Bringing a Lawsuit Against Your Employer

You usually cannot bring a lawsuit against your employer if you are getting workers' compensation benefits. These benefits are considered a solution to the problem of being injured, so there is no way to claim further damages against the employer. However, a workers' compensation lawyer can help you to bring a lawsuit against other parties involved in an on the job accident, or they can help you to sue an employer who does not have the workers' compensation coverage they are required to carry.

What is the difference between workers' compensation and FELA?

The Federal Employers Liability Act (FELA)

Certain jobs in the railroad industry are covered by workers' compensation insurance under the Federal Employers Liability Act (FELA). Railroad employees covered under FELA must show that the railroad has acted negligently or unsafely in order to be covered by their benefits, which is different from the "no-fault" workers' comp insurance in some states. FELA claims are quite different from workers' compensation claims, and an experienced workers' compensation lawyer is usually needed to make sure that you obtain all the benefits that you are entitled to. See the Department of Labor's website for more detailed information on this Federal workers' comp program.

Can I be covered by workers' compensation if I am not at work?

Workers' Compensation Coverage Off the Job

In some instances, you may be covered by workers' compensation insurance even if you are not at your work site. If you are injured while traveling to work, or running errands for your job, you may also be eligible for workers' comp. The general rule of thumb is that you are covered by workers' comp if you are doing something for your work or because of your job. Some states will also pay workers' comp benefits if you are injured on a company outing, such as a picnic, or if you are traveling for your company and injured while on a trip.

What doctors are usually covered under workers' compensation?

Doctors Covered Under Workers' Compensation

Often when you file a workers' compensation claim, your employer or the state will assign you to a doctor who will handle your medical treatment regarding your on the job accident. You will need to see this appointed doctor for all claims related to the injury. You are entitled to also see your personal doctor, but those medical bills may not be paid under the workers' compensation plan. The way you interact with your workers' comp doctor can greatly affect your workers' comp claim. Make sure that you let the doctor know how serious your injury is, and take copious notes on all doctor visits. It is important to have the support of your workers' comp doctor especially if your case ends up in court, as your workers' compensation lawyer will want to have as many medical opinions as possible on your side. At the end of the day, you're health is most important, so make sure to fight for the treatment you deserve.

What is Workers' Compensation?

What is Workers' Compensation?

Workers' compensation is a program of accident insurance that is run by most states in the United States. These states require that businesses operating in their jurisdiction carry this insurance, which comes into use when an employee is injured on the job. Workers' comp covers employees who are injured at work, or who become ill as a result of something that happened at their job. Workers' comp covers different expenses depending on the state you are in, and it also covers different types of illnesses and injuries. The best way to find out what your state covers is to contact your state's workers' comp board or check with your employer for your state's policies.

What are some injuries and jobs that are not covered by workers' compensation?

Injuries and Jobs Not Covered By Workers' Compensation

There are some on-the-job injuries that are not covered by workers' compensation. These include self-inflicted injuries (such as cutting yourself on purpose while working), injuries or accidents that happened while you were not on the job or acting in a way that was against company policy, or if you were committing a crime while you received the injury. There are also some jobs that are not covered under workers' comp, because the employers are not required to carry workers' compensation insurance. These include farm workers, self-employed workers, domestic employees working in others' homes, and business owners.

What happens to workers' compensation if I become permanently disabled?

Workers' Compensation and Permanent Disability

If your on the job accident, injury or illness will cause you to no longer be able to work, it is considered a permanent disability. Workers' compensation can, in some states, roll over into long term disability payments. These payments are usually a smaller percentage of your former pay, and since they are indefinite, take a lot longer to be approved. You may also continue to be covered for workers' comp regarding your future medical bills. Once you have been considered permanently disabled, another option is to apply for social security disability.


Injuries + Workman's Compensation -- Check the Details

If you are injured in a motor vehicle accident during the course of employment and getting Workman's Compensation benefits, you also may be entitled to wage loss in excess of what Workman's Compensation pays for wage loss and household help reimbursement. To make sure you are being fully compensated, see a personal injury attorney to verify this.

How do I persue a case outside of workers' compensation?

Pursuing a Case Outside of Workers' Compensation

It is possible to bypass the workers' compensation insurance benefits and go straight to court to sue for damages. If you believe that your employer was negligent in a reckless way, or that they deliberately caused your accident, you can go right to a lawsuit. You can also sue your employer if they do not have workers' comp coverage. Finding out whether or not you have the grounds to file a claim in court against your employer can be tricky territory, and the laws on this subject do vary from state to state. A workers' compensation lawyer will know the details of the laws in your area and be able to further assess your case.

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