If you sustain an injury while on the job, you might wonder about your options for obtaining compensation. Learn about your legal choices, how to make informed decisions, and additional information to guide you through the process.
All states mandate that employers have workers’ compensation insurance, often referred to as worker’s comp. This insurance provides coverage for employees who experience injuries or illnesses related to their jobs, covering both doctor medical costs and cash benefits, irrespective of fault. Despite this protection, the system isn’t infallible, and sometimes legal help may be necessary to ensure your rights are upheld.
Note: a separate federal workers’ compensation system covers Federal employees.
What are the eligibility requirements?
Workers’ compensation regulations differ across states, with specific criteria needed to qualify for benefits.
- Your employer is required to have workers’ compensation insurance, but the specifics can depend on factors such as the number of employees, the nature of the business, and the tasks employees perform.
- Eligibility generally extends to employees, including full-time, part-time, seasonal, and temporary workers, but does not typically cover independent contractors or volunteers. Certain groups, such as domestic workers, farm labourers, or undocumented doctor workers, might not be eligible.
- To qualify for benefits, the injury must occur while performing job-related duties. However, determining eligibility can be complex, especially for injuries that happen off-site but still relate to work activities.
What constitutes a workplace injury?
In 2013, the U.S. Bureau of Labor Statistics reported over three million nonfatal workplace injuries and illnesses in the private sector. Common causes of these injuries include falls, repetitive motion, manual handling of materials, slips and falls, and motor vehicle accidents.
- Falls are a significant risk for construction workers, leading to severe injuries such as fractures, spinal cord damage, traumatic brain injuries, and fatalities. Contributing factors can include faulty equipment, hazardous work conditions, and negligence.
- Repetitive motion injuries arise from continuously performing the same movements over long periods, often resulting in conditions like bursitis, carpal tunnel syndrome, and tendonitis. These are among the most frequently reported workplace injuries.
- The U.S. Bureau of Labor Statistics indicates that more than one million workers suffer from back injuries, making up about 20% of manual materials handling-related injuries. These injuries typically occur from activities involving lifting, carrying, or placing loads.
- Slips and falls can lead to serious injuries such as fractures, head trauma, or musculoskeletal damage, but they are only covered by workers’ compensation if a hazardous condition directly causes the incident.
Motor vehicle accidents are eligible for compensation if they occur while the employee is engaged in work-related duties. - However, injuries sustained during regular commuting are generally not covered, with some exceptions based on specific circumstances.
What steps should you take following an injury?
After sustaining an doctor injury at work, it’s crucial to inform your immediate supervisor as soon as possible. Reporting requirements can differ depending on the state, and not reporting an injury within the required timeframe could lead to losing your right to file a workers’ compensation claim.
Once your employer is notified, they must arrange for you to receive the doctor medical care. Your employer notifies your insurance provider and submitting a claim to the state workers’ compensation board.
What types of benefits are you eligible for?
Workers’ compensation provides coverage for all doctor medical costs related to diagnosing and treating a workplace doctor injury or illness. This includes doctor visits, prescriptions, surgery, and medical equipment. If an employee cannot return to their previous job, they may be entitled to vocational rehabilitation benefits.
Compensation for lost wages is also available through workers’ compensation, typically amounting to two-thirds of the employee’s weekly salary. There are four main types of disability benefits:
- Temporary Total Disability: These benefits are provided when an employee temporarily cannot work because of their doctor injury.
- Temporary Partial Disability: These benefits apply when an employee can perform lighter duties but cannot return to their previous job fully.
- Permanent Total Disability: Offered to employees who are permanently disabled and unable to work.
- Permanent Partial Disability: Given to employees who experience a partial loss of function or a body part that affects their ability to work.
Death Benefits: Families of employees who die because of a workplace accident may receive death benefits to compensate for losing financial support.
Readmore Reasons To Hire A Pedestrian Accident Lawyer August 2024
What are your legal rights in this situation?
Workers’ compensation does not cover personal injuries or punitive damages that an injured employee might be eligible for. In some situations, employees who are hurt on the job may pursue additional damages through a civil lawsuit. Therefore, injured employees must know their legal rights.
In most states, employees can seek damages if their employer has directly and intentionally caused their doctor injury. However, states like Alabama, Georgia, Indiana, Maine, Nebraska, New Hampshire, Pennsylvania, Rhode Island, Virginia, and Wyoming are exceptions.
If an employer does not have workers’ compensation insurance, an injured employee may file a personal injury lawsuit against the employer, but must prove the employer’s fault in the injury.
If an injury results from defective machinery or equipment, the employee may sue the manufacturer for damages.
Employees exposed to hazardous substances that lead to long-term health issues, such as cancer or neurological damage, can file a toxic tort claim against the manufacturer of the toxic substances.
When a third party handles the workplace injury or illness, the employee may pursue a personal injury lawsuit against that individual.
What factors should you take into account when selecting a personal injury lawyer?
Selecting a personal doctor injury lawyer who prioritizes your best interests is crucial. During your initial consultation, consider asking the following questions: What are their experience and background? How do they evaluate your case? Are they available to take on your case? What are their fees? This meeting is your chance to evaluate if the lawyer is a good fit for your needs.
While the workers’ compensation system functions well, sometimes a workplace doctor injury lawyer is necessary to navigate the claims process effectively. Proper legal guidance ensures that you receive all the benefits to which you are entitled.