FAQ Workers Compensation

Workers’ compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their employment. It is a no-fault system, meaning employees do not need to prove that their employer was negligent to receive benefits.

What is Covered by Workers’ Compensation?

Workers’ compensation covers a wide range of injuries and illnesses, including:

• Workplace accidents: This includes slips, falls, cuts, burns, and other physical injuries that occur on the job.
• Occupational diseases: This includes illnesses caused by exposure to hazardous substances at work, such as asbestos, lead, and silica dust.
• Repetitive stress injuries: This includes injuries caused by repetitive motions, such as carpal tunnel syndrome and tendonitis.

Additional Resources

• U.S. Department of Labor: Workers’ Compensation: https://www.dol.gov/general/topic/workcomp
• National Council on Compensation Insurance: https://www.ncci.org/
• Workers’ Compensation Research Institute: https://www.wcrinet.org/

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Workers’ compensation covers a wide range of injuries and illnesses that occur on the job or are caused by work activities. These injuries can be physical, mental, or emotional.

Some of the most common types of injuries covered by workers’ compensation include:

• Physical injuries: These include broken bones, cuts, burns, sprains, strains, and hernias.
• Occupational diseases: These include illnesses caused by exposure to hazardous substances at work, such as asbestos, lead, and silica dust.
• Repetitive stress injuries: These include injuries caused by repetitive motions, such as carpal tunnel syndrome and tendonitis.
• Mental health conditions: These include post-traumatic stress disorder (PTSD) and anxiety caused by a work-related traumatic event.

In general, workers’ compensation will cover an injury or illness if it meets the following criteria:

• It arose out of and in the course of employment. This means that the injury or illness must have occurred while the employee was working and must have been caused by the work.
• It was not caused by the employee’s willful misconduct or intoxication. This means the employee must not have been intentionally injured or intoxicated at the time.
• It resulted in disability or death. This means that the injury or illness must have caused the employee to miss work or die.

There are some exceptions to these general rules. For example, workers’ compensation may not cover injuries that occur while the employee is commuting to or from work, or injuries that are caused by the employee’s personal activities.

If you have been injured or become ill from work, contact an attorney to discuss your rights and options. An attorney can help you determine if you are eligible for workers’ compensation benefits and can guide you through the claims process.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Workers’ compensation provides benefits to employees who are injured or become ill from their employment. These benefits can include medical care, lost wages, and vocational rehabilitation.

Here are the steps on how to file a workers’ compensation claim:

1. Report your injury to your employer immediately. You have 30 days to report your injury to your employer. If you do not report your injury within this timeframe, you may be denied benefits.
2. Seek medical attention. Your employer should provide you with medical treatment for your work-related injury or illness. If your employer does not provide you with medical treatment, you can seek medical attention on your own and submit your medical bills to your employer’s workers’ compensation insurance carrier for reimbursement.
3. Complete a workers’ compensation claim form. You can obtain a claim form from your employer’s workers’ compensation insurance carrier or online. The claim form will ask you for information about your injury, your employer, and your medical treatment.
4. Submit your claim to your employer’s workers’ compensation insurance carrier. You can submit your claim form by mail, fax, or online.
5. Provide medical documentation of your injury or illness. This documentation may include medical records, bills, and reports from your doctor.
6. Attend an independent medical examination (IME). Your employer’s workers’ compensation insurance carrier may schedule you for an IME. An IME is an examination by a doctor who is not your regular doctor. The IME doctor will assess your injury and provide a report to your employer’s workers’ compensation insurance carrier.
7. Participate in a vocational rehabilitation assessment. If you are unable to return to your old job due to your work-related injury or illness, you may be eligible for vocational rehabilitation. Vocational rehabilitation is a program that can help you find a new job or train for a new career.
8. Attend a hearing. If your claim is denied, you may request a hearing to have your claim reviewed by an independent decision-maker.

It is important to note that the workers’ compensation laws vary from state to state. It is always best to consult with an attorney in your state to get specific advice on how to file a workers’ compensation claim.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The amount of workers’ compensation benefits you can expect to receive depends on several factors, including:

• The type of injury or illness you sustained
• The severity of your injury or illness
• Your average weekly wage at the time of your injury or illness
• Whether you are able to return to work

In general, you can expect to receive two-thirds of your average weekly wage if you are unable to work due to your work-related injury or illness. This benefit is known as temporary total disability (TTD). If you can return to work but your earnings are reduced due to injury or illness, you may be eligible for temporary partial disability (TPD) benefits. TPD benefits are based on the difference between your average weekly wage at the time of your injury or illness and your current earnings.

If your injury or illness is permanent, you may be eligible for permanent total disability (PTD) benefits. PTD benefits are equal to two-thirds of your average weekly wage at the time of your injury or illness, and you will receive these benefits for the rest of your life. If your injury or illness is permanent but you can return to work in a limited capacity, you may be eligible for permanent partial disability (PPD) benefits. PPD benefits are based on the degree to which your injury or illness has impaired your earning capacity.

In addition to wage-loss benefits, you may also be eligible for medical benefits. Medical benefits will cover the cost of all medical expenses related to your work-related injury or illness. This includes the cost of doctor visits, hospital stays, surgery, and rehabilitation.

You may also be eligible for vocational rehabilitation benefits if you are unable to return to your old job due to your work-related injury or illness. Vocational rehabilitation benefits can help you find a new job or train for a new career.

The amount of workers’ compensation benefits you receive will vary depending on your specific circumstances. It is important to speak with an attorney to get an estimate of how much you can expect to receive. An attorney can also help you file your claim and negotiate a settlement with your employer’s workers’ compensation insurance carrier.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

If your workers’ compensation claim is denied, it means that the insurance company does not believe that your injury or illness is work-related. There are a number of reasons why your claim may be denied, including:

• You did not report your injury or illness to your employer within the required timeframe.
• Your injury or illness was not caused by your work.
• Your injury or illness was caused by your own willful misconduct or intoxication.
• You do not have a disability that meets the definition of workers’ compensation law.

If your claim is denied, you have the right to appeal the decision. You will need to file an appeal with your state’s workers’ compensation board. The board will review your claim and make a decision.

Here are the steps on how to appeal a denied workers’ compensation claim:

• Get a copy of the denial letter. The denial letter will explain why your claim was denied and will provide you with instructions on how to appeal the decision.
• File an appeal form. You can obtain an appeal form from your state’s workers’ compensation board or online.
• Submit your appeal form and supporting documentation. Your supporting documentation may include medical records, bills, and witness statements.
• Attend an appeal hearing. The appeal hearing is a formal proceeding where you will have the opportunity to present your case to a workers’ compensation judge.

It is important to note that the appeals process can be complex and time-consuming. It is always best to consult with an attorney to help you with your appeal.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

If you have been injured or become ill because of your work, you should consider hiring a workers’ compensation attorney. An attorney can help you understand your rights, file your claim, and negotiate a settlement with your employer’s workers’ compensation insurance carrier.

Here are some tips for finding a workers’ compensation attorney:

• Ask for recommendations. Talk to your friends, family, and coworkers to see if they have any recommendations for workers’ compensation attorneys. You can also ask your doctor or other healthcare providers for recommendations.
• Search online. There are several websites that can help you find workers’ compensation attorneys in your area. You can also use the website of your state’s bar association to find a list of attorneys who specialize in workers’ compensation law.
• Interview potential attorneys. Once you have a few names of potential attorneys, you should schedule consultations to interview them. During your consultation, you should ask the attorney about their experience, their fees, and their success rate.
• Check the attorney’s credentials. Make sure that the attorney is licensed to practice law in your state and that they have experience handling workers’ compensation cases. You can also check the attorney’s disciplinary record with your state’s bar association.
• Choose the attorney you feel most comfortable with. This is an important decision, so take your time and choose an attorney who you feel you can trust and who you believe will be able to help you get the benefits you deserve.

Here are some additional resources that can help you find a workers’ compensation attorney:

• Your state’s bar association: https://www.americanbar.org/groups/tort_trial_insurance_practice/committees/workers_comp/
• The National Employment Law Project: https://www.nelp.org/?m
• The Workers’ Compensation Research Institute: https://www.wcrinet.org/

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

The deadline for filing a workers’ compensation claim varies from state to state. In general, you must file your claim within one to two years of the date of your injury or illness. However, there are some exceptions to this rule. For example, if you were not aware that your injury or illness was work-related, you may have more time to file your claim.

Here are some deadlines for filing a workers’ compensation claim in some of the most populous states:

Here are some tips for finding a workers’ compensation attorney:

• California: One year from the date of your injury or illness, or two years from the date of your last medical treatment.
• Florida: Two years from the date of your injury or illness, or one year from the date of your last workers’ compensation payment.
• Illinois: Two years from the date of your injury or illness, or four years from the date of your last payment for medical expenses.
• New York: Two years from the date of your injury or illness, or three years from the date of your last disability payment.
• Texas: One year from the date of your injury or illness, or two years from the date of your last workers’ compensation payment.

It is important to note that these are just general guidelines. The specific deadline for filing a workers’ compensation claim in your state may vary depending on the specific circumstances of your case. It is always best to consult with an attorney in your state to get specific advice on the deadline for filing a workers’ compensation claim.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

As an injured worker, you have several rights that protect your interests and ensure that you receive the benefits you deserve. These rights include:

The Right to Report Your Injury or Illness. You have the right to report your injury or illness to your employer as soon as possible. In most states, you have a specific timeframe to report your injury, typically within 30 days. Reporting your injury promptly ensures that your employer is aware of your situation and can initiate the workers’ compensation claims process.

The Right to Receive Medical Treatment. Your employer is responsible for providing you with medical treatment for your work-related injury or illness. This includes covering the cost of doctor visits, hospital stays, surgery, and rehabilitation. If your employer does not provide you with medical treatment, you can seek medical attention on your own and submit your medical bills to your employer’s workers’ compensation insurance carrier for reimbursement.

The Right to Receive Wage-Loss Benefits. If you are unable to work due to your work-related injury or illness, you are entitled to receive wage-loss benefits. These benefits are typically a percentage of your average weekly wage at the time of your injury or illness. The exact amount of benefits you receive will vary depending on your state’s workers’ compensation laws and the severity of your injury.

The Right to Vocational Rehabilitation. If you are unable to return to your old job due to your work-related injury or illness, you may be eligible for vocational rehabilitation. Vocational rehabilitation is a program that can help you find a new job or train for a new career.

The Right to Be Free from Discrimination. You cannot be discriminated against or retaliated against for filing a workers’ compensation claim. Your employer cannot fire you, demote you, or otherwise penalize you for exercising your rights under workers’ compensation law.

The Right to Have Your Claim Reviewed. If your claim is denied, you have the right to have your claim reviewed by an independent decision-maker. This means you can have your case heard by a workers’ compensation judge or administrative law judge who will review the evidence and decide on your claim.

The Right to Legal Representation. You have the right to hire an attorney to represent you in your workers’ compensation case. An attorney can help you understand your rights, file your claim, negotiate a settlement with your employer’s workers’ compensation insurance carrier, and represent you in court if necessary.

The Right to Confidentiality. Your medical records and other personal information related to your workers’ compensation claim are confidential. This means that your employer and the insurance carrier cannot share this information with anyone else without your consent.

These are just some of the basic rights you have as an injured worker. It is important to understand your rights and to assert them whenever necessary. If you have any questions about your rights as an injured worker, you should consult with an attorney.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Workers’ compensation law provides benefits to employees who are injured or become ill from employment. These benefits can include medical care, lost wages, and vocational rehabilitation. Employers have obligations under workers’ compensation law to ensure their employees receive these benefits.

• Provide Coverage: Employers must have workers’ compensation insurance to cover their employees in case of work-related injuries or illnesses. This insurance will pay for medical treatment, lost wages, and other benefits that are eligible under the law.
• Report Work-Related Injuries and Illnesses: Employers are required to report work-related injuries and illnesses to their state’s workers’ compensation board. This report must be filed within a specific timeframe, typically within a few days of the injury or illness. Reporting work-related injuries and illnesses promptly ensures that claims are filed on time and that employees receive the benefits they deserve.
• Provide Medical Treatment: Employers are responsible for providing medical treatment for work-related injuries and illnesses. This includes covering the cost of doctor visits, hospital stays, surgery, and rehabilitation. If an employer does not provide medical treatment, employees can seek medical attention on their own and submit their medical bills to the employer’s workers’ compensation insurance carrier for reimbursement.
• Pay Wage-Loss Benefits If an employee is unable to work due to a work-related injury or illness, the employer is responsible for paying wage-loss benefits. These benefits are typically a percentage of the employee’s average weekly wage at the time of the injury or illness. The exact amount of benefits will vary depending on the state’s workers’ compensation laws and the severity of the injury.
• Comply with Record-Keeping Requirements: Employers are required to maintain accurate records of work-related injuries and illnesses. These records must include information about the employee, the date and time of the injury or illness, the nature of the injury or illness, and the medical treatment provided.
• Avoid Discrimination and Retaliation: Employers cannot discriminate against or retaliate against employees who file workers’ compensation claims. This means that employers cannot fire, demote, or otherwise penalize employees for exercising their rights under workers’ compensation law.
• Post Required Notices: Employers are required to post notices informing employees of their rights under workers’ compensation law. These notices should be posted in a conspicuous location where employees can easily see them.
• Respond to Claims Promptly: Employers are required to respond to workers’ compensation claims promptly. This means that they should investigate claims, provide medical treatment, and pay benefits in a timely manner.
• Cooperate with Investigations: Employers are required to cooperate with investigations into work-related injuries and illnesses. This includes providing information to investigators and allowing them to inspect their workplaces.

Employers have a legal obligation to comply with workers’ compensation laws. Failure to do so can result in fines, penalties, and even criminal charges. If you believe that your employer is not complying with workers’ compensation law, you should contact your state’s workers’ compensation board.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

A workers’ compensation settlement is an agreement between an injured worker and their employer’s workers’ compensation insurance carrier to resolve a workers’ compensation claim. In a settlement, the employer agrees to pay the worker a lump sum of money or a structured settlement in exchange for the worker’s release of their rights to sue the employer for their work-related injury or illness.

Why Would an Injured Worker Agree to a Settlement?

There are several reasons why an injured worker might agree to a settlement. These reasons include:

• To avoid the cost and uncertainty of litigation. Workers’ compensation cases can be complex and time-consuming, and there is no guarantee that the worker will win if they go to court. A settlement can provide the worker with a guaranteed amount of money without the risk of going to court.
• To get money quickly. If an injured worker is unable to work, they may need money quickly to pay for their bills and living expenses. A settlement can provide the worker with money much sooner than if they went to court.
• To avoid further conflict with their employer. Some workers may prefer to settle their claim and move on rather than continue to have a contentious relationship with their employer.

What Are the Different Types of Workers’ Compensation Settlements?

There are two main types of workers’ compensation settlements:

• Lump sum settlements: In a lump sum settlement, the worker receives a one-time payment of money. This type of settlement is typically used for cases where the worker’s injury or illness is relatively minor and there is a clear diagnosis and prognosis.
• Structured settlements: In a structured settlement, the worker receives their benefits in a series of payments over time. This type of settlement is typically used for cases where the worker’s injury or illness is more severe and there is a risk of future medical expenses or lost wages.

If you have any questions about workers’ compensation settlements, you should consult with an attorney.

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Workers’ compensation provides essential benefits to employees who suffer injuries or illnesses arising from their employment. However, some workers may face discrimination or retaliation for exercising their rights under workers’ compensation law. If you believe you have been discriminated against due to a work-related injury or illness, understanding your rights and taking appropriate action is crucial.

What Constitutes Workers’ Compensation Discrimination?

Workers’ compensation discrimination occurs when an employer takes adverse actions against an employee for filing a workers’ compensation claim, seeking or receiving workers’ compensation benefits, or testifying in a workers’ compensation proceeding. These adverse actions can include:

• Termination of employment
• Demotion or reassignment to a less desirable position
• Reduction in wages or benefits
• Harassment or intimidation
• Refusal to provide reasonable accommodation for a work-related injury or illness

Protecting Yourself from Discrimination

If you believe you are facing workers’ compensation discrimination, it’s essential to take proactive steps to protect your rights:

• Document the discriminatory actions. Keep a detailed record of any discriminatory actions, including dates, times, witnesses, and specific details of the incidents.
• Report the discrimination to your employer’s human resources department. Follow your company’s complaint procedures to formally report the discrimination.
• File a complaint with your state’s workers’ compensation agency. Each state has an agency that oversees workers’ compensation claims and handles discrimination complaints.
• Consult with an attorney. An experienced attorney can provide legal guidance, assess your case, and help you navigate the legal process effectively.

Remember, you are not alone. Many workers have faced similar situations and have successfully protected their rights against discrimination. By understanding your rights, taking action promptly, and seeking legal counsel, you can safeguard your employment and ensure you receive

This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.