There isn’t a one-size-fits-all guide for workers who get injured on the job. No manual tells you whom to call, what steps to take, or what questions to ask. Each workers’ compensation claim is unique, making it hard to compare your situation to someone else’s.
If you suffer an injury at work, it’s crucial to understand the basics of work injury law. Knowing what to do and what to avoid can help you maximise the benefits or settlement you may receive. Here, we outline common mistakes injured employees make so you can avoid them and better navigate your claim.
What Qualifies as a Work Injury?
For an injury to be eligible for a workers’ compensation claim, it must occur during employment and within the scope of your job duties. Injuries caused intentionally by the worker, while intoxicated, or due to not using mandatory safety equipment are typically not covered by workers’ compensation.
The positive news is that, in most other situations, workers’ compensation is available to injured employees regardless of who is at fault. Unlike car accident lawsuits or slip-and-fall claims, proving negligence is not necessary. Workers’ compensation insurance covers financial losses such as medical bills, lost wages, and disability benefits. In return, the employer is protected from future lawsuits related to the injury.
5 Things You Must Know About Work Injury Claims
Navigating a work injury claim involves several crucial steps and considerations. Here’s what you need to know to effectively handle your situation and ensure you receive the benefits you’re entitled to:
1. Report Your Work Injury Promptly
You must report your injury to your employer as soon as possible. States have specific deadlines for reporting work injuries. For instance, in New York, you have 30 days to notify your employer, while in Colorado, you must report within 4 working days. Reporting your injury promptly is the workers’ compensation process’s first and most critical step.
2. Each State’s Workers’ Compensation Laws are Unique
Workers’ compensation systems vary significantly from state to state. In some states, employers can direct injured workers to a specific panel of doctors for medical treatment. In contrast, other states allow injured workers the freedom to choose their healthcare providers.
These differences are crucial to understand when researching your workers’ comp benefits. Information you find may apply only to workers in a particular state, so ensure you are looking at state-specific regulations and guidelines relevant to your situation.
What you can do is try searching for state-specific workers’ comp terms, like New South Wales Division of Workers’ Compensation or New South Wales Workers’ Compensation Claim if you’re from Australia. This will help you better find the right resources. If you’re from this place, you can get in contact with one of the central coast lawyers of Mcauley Lawyers.
3. Worker Retaliation is Illegal
In every state, laws protect employees from being fired for filing a workers’ compensation claim. Retaliation, which can include demotion, pay cuts, or changes in job responsibilities, is illegal and can be grounds for further legal action depending on the state.
Understanding your rights as a worker is crucial. If you’ve been injured on the job, do not hesitate to report your injury to the appropriate person. Knowing that retaliation is prohibited can give you the confidence to take the necessary steps to secure your benefits.
4. Workers’ Compensation is Different from Healthcare
Workers’ compensation is a distinct type of insurance separate from standard healthcare insurance. While you might buy into your employer’s healthcare plan for regular medical check-ups and dental cleanings, workers’ compensation specifically covers costs related to on-the-job injuries.
Workers’ compensation insurance helps cover expenses such as prescription medications, wage replacement, mileage costs, and medical treatment. Understanding which costs are work comp-related and which are not is essential to avoid denials or reimbursement issues.
Not all workers’ compensation claims are the same, and benefits can vary. If you’ve been injured at work, familiarize yourself with your state’s workers’ compensation program. Don’t hesitate to seek external support if something doesn’t seem right. Having the right resources in place can make your recovery period less stressful and ensure you receive the benefits you’re entitled to.
5. Surround Yourself with the Right People
Sometimes, workers’ compensation claims are not accepted by employers. Claims can be denied for various reasons, such as the injury not being physical (common with PTSD in first responders) or the employer disputing that the injury occurred at work.
If you’re dealing with a denied workers’ comp claim or experiencing delays or denials of your benefits, consider consulting an attorney. An experienced lawyer can help you fight for your workers’ comp benefits, including medical treatment and wage replacement. They can also connect you with resources that specialize in workers’ comp injuries, ensuring you have the support you need.
What Damages Can I Pursue Through a Worker’s Compensation Claim?
There are four categories of compensation that worker’s compensation benefits allow you to pursue: wage replacement, medical treatment, vocational rehabilitation, and other benefits. Under each of these categories, there are individual damages that you can claim compensation for. A workers comp attorney can help you assess what damages you may be entitled to.
The following are some of the damages you could pursue through worker’s compensation:
- Medical expenses
- Lost wages
- Lost earning potential
- Disability costs
Understanding the Damages You Can Pursue Through Workers’ Compensation Claims
Workers’ compensation benefits provide avenues for pursuing four primary categories of compensation: wage replacement, medical treatment, vocational rehabilitation, and additional benefits. Within these categories, various types of damages are eligible for compensation. Consulting with a workers’ comp attorney can assist in identifying the specific damages applicable to your case.
Here are the types of damages commonly pursued through workers’ compensation:
1. Medical Expenses
Coverage for necessary medical treatments, including doctor visits, surgeries, hospital stays, medications, and rehabilitation services related to your work injury.
2. Lost Wages
- Compensation for income lost due to time off work during your recovery period.
- Temporary total disability benefits if you are unable to work at all.
- Temporary partial disability benefits if your ability to work is reduced.
3. Lost Earning Potential
- Compensation for the potential income you may have lost due to long-term or permanent impairments caused by the injury.
- Permanent total disability benefits if the injury prevents you from returning to work.
- Permanent partial disability benefits for lasting impairments that do not completely prevent you from working.
4. Disability Costs
- Compensation for costs associated with long-term disabilities resulting from the work injury.
- Benefits for necessary accommodations or assistance required due to the disability.
- Navigating these compensation categories with legal guidance can ensure you receive the full benefits you are entitled to under workers’ compensation laws.
