What Are Workers Compensation Benefits
In the event that you are injured on the job and you qualify to receive workers’ compensation benefits, there are several different things that you can expect. It may be important to identify a knowledgeable workers’ compensation attorney as soon as possible after sustaining an injury, even after you have reported the injury to your employer. This is because the process of navigating workers’ compensation claims can be complex and confusing.
Different Types Of Workers Comp Benefits
You may be eligible to receive a number of different types of compensation if you qualify for workers’ comp. This includes a compensation payment for any permanent disabilities incurred as a result of your injury, job retraining if you are unable to return to your original position, payments for time off work over the course of your recovery and medical payments as well. Every state across the US requires workers’ compensation insurance companies to pay out reasonable temporary disability benefits while you are temporarily unable to work. However, it is important to remember that each state has their own rules for how much compensation is required for employees who sustain permanent impairments due to their injuries.
What Are You Entitled To?
Knowing the benefits to what you may be entitled to be important when you initiate this process so that you can understand appropriately how to protect yourself and whether or not it is necessary to hire an attorney. Workers’ compensation is a benefits system that is designed to have those employees who have become sick or injured as a result of their work environment or work conditions. Any worker who sustains a critical injury or becomes sick as a result of their working environment and is approved to receive workers’ compensation benefits can typically expect to receive the following compensation after their claim has been approved:
- Vocational rehabilitation services
- Benefit payments in the event of death
- Payment for any permanent impairments associated with the accident
- Weekly payments for time off of work for recovery, which is typically 66.67% of the worker’s average weekly earnings
- Payments for medical expenses and treatment
Laws Vary And You May Feel Discouraged
Unfortunately, the workers’ compensation system, regardless of your state, can vary tremendously and it can be unfair for injured or sick workers, particularly in certain states. Sometimes an employer will discourage an employee from making a workers’ compensation claim and hint about potential retaliation should the employee choose to move forward with the claim.
It can be challenging to get the benefits you deserve even when the injuries are severe and are struggling to pay the medical expenses. Since the system is complicated for receiving workers’ compensation benefits no matter where you are currently located, finding an attorney, you can trust early on in the process is extremely important.
No one should have to go through the stress of worrying about your future after an injury that happened on the job, but if this has happened to you, you can consult with an experienced attorney to give you peace of mind about your next steps.
Know When Does Workers Comp Start Paying
At least some of the benefits associated with an approved workers’ compensation claim initiate immediately. In the majority of states across the country, your employers are responsible for paying the medical bills associated with your work-related injury, even before the workers’ compensation claim has been officially approved.
After the employer’s insurance company, your employer or your individual state allows you notification that your claim has been accepted or you may then be able to tap into the full eligibility for workers’ compensation claims.
Your entitlement to these benefits will depend on all of the facts within your case, including your ability to return to work and the depth of your injuries. You do not need to have an open workers’ compensation claim before you seek medical treatment for injuries. If you were hurt on the job, it is essential to report this injury to your employer and to make an appointment with your individual doctor right away so that you can receive the necessary treatment and testing for your injuries. If you have not yet filed your workers’ compensation claim and you have bills associated with medical treatment, file your workers’ compensation claim immediately.
What You Need to Know About Non-Medical Benefits
Non-medical benefits in the workers’ compensation world may also be referred to as temporary disability benefits or permanent disability benefits. These will not begin until your claim has been formally allowed and accepted. You will not receive any check for workers’ compensation benefits until you have gotten a notification that your claim has been allowed or accepted.
In the event that your claim is denied it is imperative that you take action quickly by consulting with an experienced workers’ compensation attorney about your best interests. Most people are under the impression that the facts associated with their workers’ compensation claim make it obvious that they are suffering from critical injuries, but this does not always mean that your workers’ compensation claim will be approved.
Insurance Companies And What They Hope You Don’t Know
In fact, the insurance company may be counting on your lack of knowledge in this area to encourage you to accept their denial decision, so that you receive no benefits. The impact of a workers’ compensation claim denial can be catastrophic for you financially and emotionally. It can be difficult to figure out your next steps and the things you need to do to protect yourself going forward.
This is why having an experienced workers’ compensation lawyer working with you over the duration of your case can give you the best possible information about how to proceed in the event that your claim is delayed or denied. A denied claim could make it impossible for you to get the financial compensation you need to recover from your injury and move on with your life. If the insurance company has been difficult to work with or has unfairly denied your claim, you may have grounds for to appeal that decision. You may need to collect all of your information and respond promptly in order to gain these benefits.
Consult With A Workers Compensation Attorney
Consulting with a lawyer who understands how to protect your interests is strongly recommended. In the event that your claim is denied, you need to be able to take prompt action in order to appeal it. Most people do not understand that this process can drag on for some time if you do not have an attorney to help you. You will not be able to receive benefits from your workers’ compensation claim unless you win an appeal, to win an appeal you need the guidance of an experienced lawyer, who will tell you how to file workers compensation claim. Even in situations in which your claim is approved, you are not entitled to begin getting workers’ compensation benefits until you have become entitled to all of the benefits. In the majority of states, your doctor is responsible for completing a form that you remain physically unable to work at the current time in order for you to get time loss compensation or temporary disability benefits.
If your employer has enough evidence indicating that you are no longer entitled to recover temporary disability benefits, you will lose your ability to access these. If you have questions about your eligibility to recover certain workers’ compensation benefits, identifying an attorney who can help you navigate this complex process is strongly recommended. No person should have to go through this process on their own. Workers’ compensation can be a confusing and overwhelming process and it can be even more difficult in the event that your claim is initially denied.
What to Expect to Receive Weekly on Workers’ Compensation?
Those individuals who have severe enough injuries to warrant not being able to work may be eligible to receive temporary disability benefit payments, depending on your individual state and whether or not you are able to return to work in the short or long term and the severity of your injuries will impact your amount recovered. Workers’ compensation benefits do vary from one state to another, but there are several common factors associated with workers’ compensation claim.
If your workers’ compensation claim is currently active or open, a number of benefits will be based on whether or not you are able to work in any capacity, such as light duty as classified by your employer. You are typically eligible to receive a portion of your wages at the time of your injury. This percentage is 66% and 2/3% in most states. Time loss benefits are typically paid twice per month.
State and Local Guidelines
The guidelines in your resident state may allow employers to pay weekly or monthly. In some states, an additional benefit known as loss of earning power may be available. These are accessible by workers who are able to return to work on a temporary basis after a work-related injury but have to do so in a lower paying job or in lower paying different job.
This is often the case for the most part time or light duty positions. Your medical bills are paid out as they are incurred after you sustain a work-related injury. In the event that your workers’ compensation claim is closed, you will only be eligible to receive regular workers’ compensation benefits continuously if:
- You entered into a structured settlement agreement
- You were declared permanently and totally disabled and given a pension award
- You are partly permanently disabled and entitled to permanent disability benefits paid out weekly
In certain states, you may be eligible to receive the structured settlement and you may settle at any point in time during a workers’ compensation claim process. Since it can be so overwhelming to navigate this process on your own, identifying a lawyer who has extensive experience in the world of workers’ compensation is strongly recommended, so that you understand what to expect going forward.
No one should have to go through the added stress of worrying about whether or not they will be recovering benefits and what to do in the event that the claim is denied without the help of an experienced attorney.