Workers' compensation

Written by: LAW

Workers’ compensation: What you can claim

Work-related injuries are common for professionals across fields. Rather than filing a direct lawsuit, it’s best to take advantage of the worker’s compensation system and use it in your favour.

Getting compensation is not always an easy feat. While you may have all the evidence and witnesses to make your claim, insurers will find ways to deny your claim on behalf of your company. That is why hiring workers compensation lawyers can be crucial because they can build a better argument for your compensation than you would be able to.

After you have suffered an injury and are in recovery, it can be hard to take a stand yourself. This is why a good compensation lawyer can guide you on getting the benefits you deserve while doing all the work for you. But before you reach for the phone, it is important to understand exactly how worker’s compensation works and what you can claim.

What you can claim        

No-Fault System

Worker compensation systems follow a no-fault system, which can differ from state to state, but it is created to protect both employees and employers. It protects employers from expensive lawsuits and helps employees get the medical care and time-off benefits that are deserved.

Compensation Benefits

Benefits of compensation usually cover lost wages, disability benefits such as physical therapy or vocational rehabilitation, and reimbursement of medical expenses. There are also death benefits if a worker passes away on the job.

Types of Injuries 

Employees can claim compensation from their employers when they meet the following criteria:

  • Previous medical conditions that intensify due to a work-related injury
  • Repetitive injuries, which are caused by the performance of repeated physical actions
  • Illnesses due to exposure to harmful chemicals or toxins
  • Injuries occurred while taking part in work-related events
  • Injuries due to extreme physical or psychological stress

When to Hire a Lawyer

Worker’s compensation cases can be settled without ever reaching court, but this isn’t always the case. If your employer disputes the claim, it is likely to head for a lengthy trial that can become complex and involve much paperwork. This is when it is essential to look for workers’ compensation lawyers who can build you a strong case and get a good settlement.

A lawyer will plead your case in court, negotiate for the settlement you deserve, and do all the grunt work required when your case goes to trial, saving your time and energy.

Types of Compensation 

There are different compensation amounts and benefits for different injuries. For example, when you have an injury that doesn’t let you work for a limited time, also called a Temporary Total Disability, the benefits will last until you are medically cleared to resume work.

Similar to this would be a temporary partial disability claim that also prevents you from continuing work for a certain period, allowing you benefits until you can re-join work.

Of course, some injuries can leave you permanently disabled. When you have a permanent total disability, you will not re-join work or any similar occupation. In such a case, you can claim benefits that last until you find a new job, cover medical expenses, and more. When you have a permanent injury that partially prevents you from working, you can negotiate for benefits that will cover any treatments involved for the injury or any specific details as per your needs.

Filing for worker’s compensation is your best bet to claim what you are owed. It can relieve the financial and emotional stress likely to be incurred after getting injured on the job. However, don’t wait too long to file your case before your statutes of limitations run out.

Last modified: June 22, 2021