FREQUENTLY ASKED QUESTIONS
What is workers’ compensation? Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who are injured or become ill as a result of their work. It is designed to cover medical expenses and lost wages, as well as provide vocational rehabilitation and disability benefits.
Am I eligible for workers’ compensation benefits? In general, most employees are eligible for workers’ compensation benefits regardless of who was at fault for the injury. This includes full-time, part-time, and temporary workers, as well as certain independent contractors. However, there are some exceptions, such as certain agricultural workers and domestic workers.
What types of injuries are covered by workers’ compensation? Workers’ compensation covers a wide range of injuries and illnesses that occur in the workplace, including physical injuries such as slips and falls, repetitive stress injuries, occupational diseases, and mental health conditions related to work stress or trauma.
What should I do if I’m injured at work? If you are injured at work, it is important to report the injury to your employer as soon as possible, preferably in writing. Seek medical attention for your injuries and follow your doctor’s instructions. Keep detailed records of your medical treatment and any expenses related to your injury.
Do I need to hire a workers’ compensation attorney? While you are not required to hire an attorney to file a workers’ compensation claim, it is highly recommended, especially if your claim is denied or disputed by your employer or the insurance company. An experienced workmans comp attorney can help you navigate the claims process, gather evidence to support your claim, and appeal any adverse decisions.
How much does it cost to hire a workers’ compensation attorney? Most workers’ compensation attorneys work on a contingency fee basis, meaning that they only get paid if you receive benefits. Their fees are typically a percentage of the benefits obtained, and they are capped by law in most states to ensure that injured workers receive fair compensation.
What if my workers’ compensation claim is denied? If your workers’ compensation claim is denied, you have the right to appeal the decision. An top rated Law Leaders member workers compensation attorney can help you gather additional evidence to support your claim and represent you in hearings before the workers’ compensation board or administrative law judge.
Can I receive workers’ compensation benefits if I return to work with restrictions? If you are able to return to work but are limited in the type of work you can perform due to your injury, you may still be entitled to partial disability benefits to compensate for the difference in wages. Your employer may also be required to provide reasonable accommodations to help you perform your job duties.
How long do I have to file a workers’ compensation claim? The deadlines for filing a workers’ compensation claim vary by state but are typically relatively short, ranging from 30 to 90 days from the date of the injury or onset of illness. It is important to file your claim promptly to ensure that you do not miss any deadlines.
Can I sue my employer for a workplace injury? In most cases, workers’ compensation is the exclusive remedy for workplace injuries, meaning that injured workers cannot sue their employer for damages in civil court. However, there are some exceptions, such as cases involving intentional harm by the employer or third-party liability. A law Leaders attorney can help you determine whether you have grounds for a lawsuit.