What Is Workers’ Compensation? Workers’ compensation is what injured workers and their families get from the employer for covering medical treatments, lost wages caused by injury, pain and suffering, rehabilitation, and other costs related to injury. In most cases, when an employee gets injured at work in the course of one’s duties, it is covered by Workers’ Compensation insurance.
If not, then injured workers can have the employer pay the medical expenses covered by Workers’ Compensation. However, if an injured worker and his or her family seek legal assistance regarding treatment and compensation from their employer, they may need your help. Here are some crucial questions you should ask a Workers’ Compensation lawyer, which will provide you with more information about Workers’ Compensation policies and laws that you may face at work. 1.
How Can I Get Help with My Worker’s Compensation Case? Workers’ Compensation attorneys represent injured employees for reimbursement of monetary compensation, medical benefits, lost earning capacity, punitive damages (including attorney’s fees), and emotional distress. You’ve probably found skilled Workers’ Compensation lawyers who have been assisting individuals in getting the best possible services from employers. Contact them today! 2. Am I Eligible For Compensation With This Insurance Plan? The law is different for every state, but most workplaces and companies in which your job provides income are required to have workers’ comp insurance, especially when they hire casual labor. As such, you most likely might get paid with this insurance plan. 3. Why Do I Need It? Employers, workers, and employees alike have different requirements for coverage.
Your employer must offer “workers comp attorney” plans so employees don’t have to worry about having to file separate compensation claims for specific injuries. 4. Who Qualifies For Coverage? There are two types of plans available at all levels of employment: group and individual. Individual plans are offered by those employers whose payroll includes at least 50 people. Group life plans are offered by employers with 10+ employees. 5. Are You Sure That’s What They Paid Me? You probably will be surprised to discover just how much money is typically involved in the amount of payout for each type of benefit or claim. 6. Does the Claimer Have to Wait Long Before Their Money Goes Back? Most employers want the payment process as quick as possible after the filing of a claim.
But even if you receive workers’ compensation benefits in time, there is still a chance that your case could take longer because the case goes through a lengthy appeals process before you get the final approval needed to make sure the compensation meets your requirements. 7. How Much Will My Compensation Be? An injury that is serious enough to require hospitalization, surgery, physical therapy, doctor’s visits, and months of care is considered catastrophic. According to the New York State Workmen’s Compensation Board, catastrophic accident damages are worth $1 million per person or per job. 8. Should I Report My Injury Immediately? When an employer discovers that someone is seriously injured, the risk of losing their business is substantially higher than the cost of treating the injury itself.
So, you should report any injury immediately, including if the company takes the necessary steps to stop the accident from happening again and if they take any significant action to try to compensate you through workers compensation. 9. What Should I Say About my Accident? Depending on the severity of your injury, you can choose how you talk about your experience.
Don’t forget that you have a right to say and do whatever you want to do to try to help ease the stress of healing. Talking about the incident in a negative light can only cause more problems than it solves. 10. Where Can I File My Claim? All claims must be filed within 60 days of the date of the incident.
No matter if you’re filing on your own, hiring out an external firm, or using the services of a third party like WCC’s free online website, you’ll be able to find detailed instructions for filing a claim online here. 11. What Happens Next After Filing Your Claim? Once you file your claim, you can expect to hear back from many different parties, such as: your health insurance provider; your general agent; the Employer/Group Home Office Insurance Department; your broker or other representative of your employer; your insurer of choice; and the insurance adjuster. 12. Which Party Has Authority Over Whether or Not I’m Getting Compensation? Although your decision to file a claim for workers’ compensation is yours alone, you should know that an employer can make some decisions about whether or not your claim is denied. 13. Did We Get Anything Wrong? Sometimes employers deny claimants claims simply because there’s not enough proof of the fact that an injury occurred.
14. What’s My Right to Appeal? Every single claimant has the right to appeal their denial to the employer or to the board of trustees. 15. Does Any Company Deny Any Claims Without Cause? Companies like McDonald’s or Starbucks are legally allowed to deny customers’ complaints of injuries they suffered while working. 16. Why I Mightn’t Make Any Adjustments Based On Our Initial Response? If you think you’ve overpaid your claims and the employer denies your claim, it doesn’t mean you’re automatically entitled to compensation back. Instead, your employer will usually give you a reason why your claim isn’t being approved. 17.
Could I Sue Us? While you may be tempted to pursue a lawsuit against your employer, it is extremely unlikely that you will win such a suit. Because of this reason, most businesses and insurers only give you limited rights to sue your employer on any grounds. 18. My Job Doesn’t Provide Me Enough Income to Fully Cover Costs If you are looking to apply for full-time employment, you likely won’t have access to private funding or regular salary.
If the amount you earn is not enough to cover the bills, then you would most likely need to go self-employed or join a union. 19. Would We Help My Family? It is vital to understand that your employers are not responsible for the financial burden that comes along with your illness. Employers are only obligated to reimburse employees for out-of-pocket expenses or long-term treatment costs. 20. Was I Guilty Of Negligence Anyways? If you were working under the influence of drugs, alcohol, or another substance, you probably could’ve gotten into a car accident that resulted in medical issues. As a result, you might not be eligible for workers’ comp unless it is proven that you are not guilty.