Workers' compensation, (frequently referred to as workers' comp) is an insurance that provides medical benefits and wage replacement for employees who are injured on the job, in exchange for the employee relinquishing the right to sue his or her employer for negligence. Workers comp claims are often not as cut and dry as one might expect as some states require employers to carry insurance that includes employee benefits over and above lost wages, such as travel expense reimbursement, rehabilitation benefits and permanent partial disability benefits, etc. Consult a worker compensation attorney for advice on your case if you have questions or believe your workers comp claim is not being handled in a fair manner.
Every state mandates worker compensation coverage for the majority of workers in their respective states.
Plans do differ between states, but provisions can be made for weekly payments to replace lost wages, economic loss compensation (both past and future) and reimbursement or payment of medical and like expenses such as surgery, prescription medicines, rehabilitation, etc. Dependents of a worker that was killed on the job may also receive benefits. In general, punitive damages for employer negligence or damages for pain and suffering are not available in workers comp plans. A worker compensation attorney can answer your questions and guide you through the claims process if you have suffered from an injury at work and are unclear on what benefits you are owed.The most common benefit of workers compensation is wage loss.
An employee is entitled to receive wage loss benefits if they have missed work due to an injury incurred on the job. In some cases, a person actually loses their job due to an injury sustained at work, which may also entitle the claimant to workers compensation benefits. There are two types of wage loss:Temporary total disability – this is when the insurance company must pay the claimant while they are off work due to their injury
Temporary partial disability – this is when the insurance company must pay if the claimant has to change jobs and makes less money than in their previous job.
Workers compensation laws were enacted to ensure that people injured on the job would receive medical care for injuries and illnesses sustained at work, with financial compensation that would amount to a percent of lost wages. The system in theory is supposed to be easy for an injured worker to navigate, but unfortunately it is far more complicated than one would hope.
Whether you are fighting a denied claim, seeking more benefits or just have questions, contact a workers compensation attorney who can assist you in the claims process as you pursue the maximum financial remedy for your injuries.