Published On: Fri, Aug 18th, 2017

Top Worker’s Compensation Questions And Answers

The situation presents itself that you have been injured on the job.  You are in severe pain due to the injury, and the last thing you really want to deal with is a whole bunch of legal jargon and technicalities.  

Sorting through pages and pages of state law requirements for worker’s compensation could take half of forever.  Reading through this brief article will only take a moment, and hopefully, you will be far more educated concerning worker’s compensation.

public domain pic from May 4 1916

How long does it take to receive worker’s compensation benefits

There is no set timeline for a worker’s compensation case.  Every case is suited to the individual and the unique circumstances of the case.  A long term injury case will take longer than a simple broken finger.  

Your lawyer will do their best to provide you with the best case scenario in the shortest amount of time, but the case cannot be finished until you are finished healing.  The patient must be healed to their maximum potential before the case can be completed.  

What benefits may I receive from worker’s compensation

There are certain areas in which compensation for eligible employees is applicable.  Here is a short breakdown of the three main purposes for which workers may receive compensation.  

  • Medical care – You are entitled to proper medical care that works towards a cure for the injury, to provide relief from the injury, or to lessen the period of disability from the injury.  
  • Lost wages – You are eligible for payment towards the compensation of lost wages due to the injury.  
  • Permanent injury – If you are injured to the point that you can no longer work, you will be compensated for disability.  This number is typically based on a doctor’s broad judgment as to the percentage of loss to your body’s capabilities.

If the injury was my fault, do I still have a case

The worker’s compensation system in the United States is based on a no fault foundation.  You basically agree not to sue your employer as long as they provide worker’s compensation benefits.  Regardless of who is at fault in the incident, compensation is paid (as long as you do not fail a drug screen).  

Can I be fired while I am on worker’s compensation

The blanket rule in terms of worker’s compensation cases is that if you are temporarily unable to work, employers cannot terminate your position.  The only exception to this rule is if there is clear evidence and documentation that you will no longer be able to return to work.  

Another exception to the rule is if the employer in the case absolutely has to have someone working in your position.  If you have a very specialized job, this may be the circumstance.

Author: Anna Johansson

photo/Claim Accident Services

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