On the job injuries are common. If you have an injury or illness from your job, you may be entitled to receive money under workers’ compensation laws. The injury may be from a single act (like getting hurt in a fall or getting in a car accident while making deliveries), or it may be from constant exposure to activities or substances at work (like hurting your wrist from doing the same motion repeatedly or losing your hearing because of constant loud noise).
Workers’ compensation laws help make sure that injured workers have enough money to care for themselves and their families while they are out of work. They also help injured workers get well so they can return to work. Almost all businesses are subject to workers’ compensation laws.
Benefits You May Receive
The heart of the workers’ compensation laws is the benefits they provide to injured workers. The employer, not the worker, pays for these benefits. There are several kinds of workers’ compensation benefits. The type and seriousness of your injury or illness determines which benefits you can receive.
The main types of workers’ compensation benefits are:
• Medical care. These pay for medical treatment needed to restore you to good health. Medical care benefits can include doctors' bills, hospitalization costs, prescriptions, and other necessary care ordered by a doctor. The cost of medical care is paid by your employer or its insurance carrier. In most states, there are no “deductibles” or copayments, and you should never receive a medical bill.
• Temporary disability. You may receive temporary disability benefits if a doctor finds that you cannot do your usual job while you are recovering. The amount of these benefits is usually based on your salary. Temporary disability benefits typically last until a doctor lets you go back to work or your condition reaches maximum improvement.
• Permanent disability. If a doctor says you will never fully recover and always be limited in your ability to work, you may receive permanent disability benefits. These benefits are usually based on your salary, but can continue for life.
• Death benefits. When a worker dies because of his or her job, certain family members may receive death benefits.
What To Do If You Are Hurt
If you suffer a work-related injury or illness, there are steps to take to help make sure you receive all workers' compensation benefits. They include:
• Report the injury to your employer promptly. If your injury or illness developed gradually (like tendonitis or hearing loss), report it as soon as you learn it was caused by your job. The law sets time limits for injured workers to notify their employers. Any delay could lower your benefits.
• Fill out a claim form. Employers must notify injured workers of their eligibility to receive workers' compensation benefits and provide a claim form. But it is vital to remember that your employer's interests differ from yours, and your employer likely won't help you obtain workers' compensation benefits. It is therefore important to call our law firm promptly after the accident to learn your rights and be guided through the process of obtaining these benefits.
Which Doctor Treats You?
The doctor that treats you is important for several reasons. Your treating doctor decides your medical care, helps identify the work you can do while recovering, determines when you can go back to work, and prepares the medical reports that will affect your benefits.
Whether the injured worker can select the treating doctor varies from state to state. In most states, injured workers can choose the doctor. In a few states, employers have the right to select the doctor. Still other states let the employer initially select the doctor, but after a certain period (usually 30 days), let the injured worker see his or her own doctor.
Other Rights You Have
Injured workers have the right to make a claim to receive workers' compensation benefits. If you are hurt on the job, you should not refrain from making a claim for fear your employer will punish you. It is illegal for employers to fire or punish workers for having a job injury or making a workers' compensation claim.
How We Can Help
Disputes over workers' compensation benefits are common. Disputes may arise over your right to receive benefits or the amount of such benefits, and may have to be decided by a workers' compensation judge.
Our law firm can help you in many ways if you are hurt on the job. We will inform you about your rights and workers' compensation benefits you can receive, help file your claim, and help make sure you receive all benefits. If a case must be filed, we will prepare the case and represent you in hearings before a workers' compensation judge.
Conclusion
If you suffer a work-related injury or illness, you are entitled to workers' compensation benefits. These benefits can be vital in providing for your medical care and for the general care of you and your family while you are out of work. Call us to find out about your right to receive these benefits. There are complex rules about the benefits you may receive and procedures for obtaining them. Call as soon as possible so you do not risk losing benefits because you waited too long.
Contact an attorney at Triscaro & Associates today. Please call us for all your legal needs. We offer a full range of legal services to individuals, families and businesses, including personal injury, estate planning, real estate, family law and business matters. We are dedicated to providing the highest quality legal services at a reasonable cost.