Everything About Workers Compensation – What You Need to Know Now
Workers compensation is a kind of insurance that pays workers a compensatory fee for getting injured at work or being disabled because of their work. The workings of it and how one is eligible for the workers compensation might be a tad bit complicated for people to understand, but to lay it out in plain terms, you have to prove that you were at work when the injury-causing accident took place. The money is given for medical fees and the lost work.
As already mentioned, though, to deny your compensation, insurance companies may not send your checks on time, or claim you were not at work when the injury took place. At Daniels Law Firm, we will help you throughout this process so that you can get your compensation and treatment as soon as possible.
Requirements To Receive Workers Compensation
It seems pretty straightforward when one says a worker was injured on the clock because the said work is eligible for compensation. Still, in reality, many loopholes can be exploited by those reluctant to pay the workers comp. There are a few criteria to be eligible for this benefit:
- The injured worker must be an employee – which is to say that contract-based jobs aren’t eligible for worker’s compensation. It may be part-time or full-time, but if you are required by your employer to appear at a place of work regularly for a certain period, then you are considered an employee. If your check shows a withholding for income taxes, then you are covered by this.
On the other hand, freelancers and sub-contractors usually set their work hours and are not in the strictest sense employed. Volunteers for NGOs also don’t receive such compensation, but fire-fighter volunteers and police work volunteers are eligible for this. If you are a business owner, proprietors and realtors don’t receive any such compensation.
There are a lot of myths about workers compensation that can mislead people in need:
Being injured at work can be a trying experience and a confusing experience, but you must keep a clear head and make sure to not believe in a few common myths about Workers compensation. Here are some of those myths you need to watch out for:
- Myth– You need to be present at a job site to get workers compensation
- Truth– You could be injured while commuting or driving to work when you are technically not yet working, but that too falls under the purview of a work injury.
- Myth– You have to be actively doing the job while getting injured.
- Truth– Even if you are injured during break hours or got injured by slipping off of staircase while you are not performing the activity of your employment, you are still eligible for compensation given you qualify in other criteria.
- Myth– You may be fired if you file for compensation.
- Truth– Your employer cannot legally fire you for asking for your rights.
- Myth– The fees for your lawyer will exceed your benefit.
- Truth– That’s not true. There are plenty of attorneys who will charge a reasonable amount for their services. Give Daniels Law Firm a call to know more about this.
Here are some ways you can make your workers compensation process simpler:
You, as an injured worker, are demanding compensation for your injury at work, so don’t expect to receive full cooperation from your employer. The process may prove to be more difficult and onerous than you expect. But here are some tips that you can follow to ensure the process is a little less complicated.
- Inform your supervisor of the injury immediately. The very instant you get are injured, make sure you call for your supervisor so that they may witness your injury. It saves later legal troubles, such as the employer claiming you lied about the injury.
- Pay attention to the details while filing for the claim as both you and your employer are required to do it. Fill in all of your paperwork as truthfully as possible.
- Seek medical attention as soon as possible. This goes without saying, but you cannot let your injury worsen to get more benefits, so get yourself treated. Also, get the injury certified by your doctor.
- Make sure to keep written records in a file. Your employer’s verbal may differ greatly from the written one that they submit to the insurer or to the law (if matters go to court). So, make sure to ask for a signed written record from your employer and keep it together with your own.
Take a look at some of these examples to help you decide if you are eligible for workers compensation:
It is natural to be unsure if your injury indeed will be covered by workers comp. Here are a few eligible cases.
- Overexertion to the point of collapse and muscle damage. Usually happens when you exert too much pressure on yourself. This is often seen in jobs that need manual labor.
- Falling and injuring oneself due to poor safety standards enforced by the employer. This may happen on the plain floor or from a high place.
- Getting struck by a heavy falling object. Very common in construction zones where large chunks of cement or metal equipment may collapse from high ground on a worker.
- Workplace violence committed by aggressive workers on their co-workers or violence by superiors on a worker are all eligible for getting compensated, given the worker qualifies in other criteria. Give Daniels Law Firm a call to learn more.
Resources For Those in Need of Workers Compensation
Should you qualify as eligible to receive compensation for the work injury, the U.S Department of Labor’s Office has four different disability compensation programs. The injured are provided with medical treatment, wage replacement, and vocational rehabilitation, among other benefits. Other government-operated programs cater to different groups of people who suffer an injury at work. Every state has a State workers compensation board that looks after all compensation claims.
At Daniels Law Firm, we have qualified attorneys who are proud and eager to help you with every kind of problem you may face with your workers compensation insurance claim. It is a very unfortunate and even traumatizing experience to be injured while trying to earn an honest living. The disability may be an extreme result of such an incident, or one may be left with decreased functions of a body part. Whatever it is, you deserve to get well compensated for your pain and suffering. Although money cannot give you back your life before the accident, you do deserve the compensation.
We at Daniels Law Firm make sure that you get your claim without much hassle. We are aware that our clients are in physical distress, so the responsibility of handling the legal troubles falls on us.