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Workers-Compensation

If You've Suffered a Work Injury, Workers' Compensation Can Help

Workers' compensation is a means of dealing with the reality of injury in the workplace. Instead of having to go through time (and money) consuming litigation for injuries that occur on the job, workers' compensation entitles an injured employee to a set amount of money for a specific period of time, depending on the nature of the injury.

How Do I Get Workers' Compensation?

Most employers are required by law to carry workers' compensation insurance. When you are injured, you file a claim with your employer. Workers' compensation laws automatically hold employers strictly liable for any injuries that occur on the job. However, issues can arise regarding what it means for an employee to be "on the job," which courts have held to include injuries occurring during business travel and even horseplay at work.

What Kind of Compensation Can I Expect from Workers' Compensation?

The amount of workers' compensation benefits that an employee is entitled to depends on the type injury suffered. Injuries tend to be classified in two ways. An injury can either be temporary or permanent (the difference being whether you will fully recover from your injuries or will you be disabled for life) and partial or total (the difference being whether you still have some use of the injured body part or have you lost all use of the injured body part). The category your injury falls into will determine the amount of benefits you will receive, as workers' compensation benefits are supposed replace lost wages as a result of you injury.

The actual dollar amount of your workers' compensation award will be a percentage of your lost wages (again, depending on the factors listed above) which is set by your local workers' compensation statute. These payments are paid over a set time period at regular intervals. Workers' compensation awards tend to be less than the actual wages lost by the injury, but that is because workers' compensation awards aren't taxed.

Not Courts, but Commissions

Workers' compensation disputes and grievances are heard by a workers' compensation commission. The commission is an administrative agency, which may hold a hearing in attempt to settle your dispute. While the courts are called upon to make certain determinations relating to workers' compensation, the administrative body is the first forum in which a contested claim will be heard.

Why Do I Need a Workers' Compensation Attorney?

Workers' compensation was devised so that employers would pay out benefits without the need for drawn-out legal battles. Unfortunately, workers' compensation insurance carriers are for-profit companies that will make every effort to avoid or minimize payment of claims. Every dollar the company doesn't pay out to you is an additional dollar in profit for the company. Workers' compensation is an exclusive remedy and generally precludes an injured employee for filing additional lawsuits against his or her employer, which is why it is so important to hire an attorney who is familiar with these rules and regulations so that you may get all that you are entitled to.