How Does Workers Compensation Work?

Often the worker's compensation does not seem quite fair to the worker. There are injuries that happen through no fault of the employee and the company for which they work will try to keep from paying workers comp disability to the disabled worker. Often the only way to get what you deserve is to hire a lawyer. Finding a workers comp lawyer that you can afford may be a problem. Some states have lawyers who work on a contingency basis to get their clients a worker's compensation claim approved.

What is Workers Compensation?

Worker's compensation is designed to protect people who are injured on the job or suffer a job-related illness. The worker that becomes injured, files for worker's compensation. This is to help cover financial expenses, such as:

  • Medical bills or the costs of needed medicines.
  • A percentage of wages the person earned before becoming injured.
  • Sometimes, worker's compensation pays compensation for suffering and pain.

This system was put into place to keep the employee from suing his employer for the accident. The worker should tell his supervisor as soon as he is injured. This will prevent any problems with filing the correct report with the company. It also keep the worker's compensation company from denying the claim because it was not submitted in a timely fashion.

When a worker is injured and cannot work, that does not mean their bills are put on hold for the amount of time it takes them to recuperate. This is why unemployment compensation is so important.

An employer is required by law to find the worker a light duty job in some states when the doctor says they may return to light duty. However, because the light duty position may not pay the same as the worker earned before becoming injured, the worker's compensation may have to be continued to supplement the wages.

Often this does not work for the employee because the employer will not have a suitable job that will allow the worker to come back and collect partial workers compensation benefits. Thus, the employee should actually wait until they make a full recovery and can return to the job they previously had. This will prevent any problems with their employment and the doctor will not release them to go back to work before they are ready.

When Should You File for Worker's Compensation?

As soon as you have seen a doctor and know that you will not be returning to work for a period of time, you should file your worker's compensation claim. The delay of filing can affect the decision of the worker's compensation. This could cause the worker's compensation board to think this claim is not on the up and up.

A list of witnesses is one way to make sure your claim is considered legitimate. If there were people present when you were injured, the more people who saw the incident, the better.

To speed up the process of worker's compensation, make sure you abide by all the rules and deadlines and you will be able to collect the benefits that you deserve.

If you've been injured on the job, you should consult with a workers compensation attorney to discuss your case and ensure you are not denied the benefits you deserve.

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