4 Worker’s Compensation Cases FAQ
Worker’s compensation refers to a state-mandated insurance program which helps people. Also known as workman’s comp, it provides compensation to workers who suffer injuries and illnesses that are job-related.
Generally, a qualified employee can claim workers’ compensation benefits. It does not matter whether it’s the employee, the employer, a coworker, or other third party is at fault. However, in exchange for these benefits, the employees usually cannot sue the employer in court for the injuries he has incurred.
4 Most Frequently Asked Questions about Workers’ Compensation
Can an employer dispute my case? If yes, what can I do about it?
Yes, an employer can dispute the case. When they do, you can appeal a denial of benefits to a workers’ compensation judge. You will need to file an “Application for Adjudication of Claim” and a “Declaration of Readiness to Proceed” into evidence before a judge. Before you do this, you will need to secure medical documents and evidence.
What is temporary disability benefit and how long does it last?
Disability benefits compensate employees for the salary lost due to the injury and illness. There are four types of disabilities:
Temporary Total Disability – a disability that prevents you from working for a limited amount of time.
Temporary Partial Disability – a disability that prevents you from doing some of your work for a limited time.
Permanent Total Disability – a disability that prevents you from returning to work indefinitely. You do not need to be totally incapacitated to fall under this category. You just need to be unable to work at your current job or other similar trades.
Permanent Partial Disability – a disability wherein the damage is permanent, but only partially impairs your capacity to work.
Most workers’ compensation disabilities fall under temporary total disability. The benefit is based on the amount the employee earned prior the injury or illness. It is computed by taking two-thirds of the average weekly salary. The benefit will be given as long as you are unable to work and the disability is validated by a doctor.
Temporary disability ends when it becomes permanent. Temporary disability benefits cannot be given for more than two years.
Are disabilities covered by workers’ compensation?
No, not all disabilities are covered. Only those that are causally related to accidental injury, arising out of and during employment or occupational diseases are covered.
Not all injuries incurred at the workplace are covered as well. Coverage can be denied for the following:
- self-inflicted injuries;
- injuries incurred while the employee was committing a crime, and;
- injuries incurred while the employee was on the act of violating the company’s working policies.
Do I need a lawyer when filing for workers’ compensation claims?
Yes, you do. Workers’ Compensation Law is complicated and difficult to navigate. You will be up against big insurance companies who would rather keep their money than pay it out for you.
It is best to hire a reputable lawyer who has experience and extensive knowledge of the workman’s comp law. Be aware of your legal rights and your rightful benefits. Consult with an attorney today. Matt Fleming will fight for you.