It’s no secret that work can be a dangerous experience. Whether it’s lifting heavy materials or performing a manual task, the risk of injury is always there. In fact, according to the Bureau of Labor Statistics, falls are one of the top five causes of death in the workplace. And while most injuries can be treated with over-the-counter medication and some time off, more serious accidents lead to workers’ comp claims.
In this blog post, we will go over what you need to know about workers’ compensation claims and what you should do if you find yourself injured on the job.
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What is workers’ compensation?
According to Todd Beauregard, a renowned workers comp lawyer in Boston Massachusetts, workers’ compensation is a form of insurance that comes from your employer and covers you in the event of an injury. This type of insurance pays medical expenses and a percentage of your salary if you cannot work because you are injured on the job. Workers’ comp also provides financial support for a family member who takes care of an injured worker.
Workers’ compensation is mandatory in 49 out of 50 states, except for Texas. However, it does not cover every injury that occurs at work. For example, if you injure your back while carrying groceries home from work, workers’ comp won’t cover this injury because it happened outside of the workplace.
Types of workers’ comp injuries and benefits
There are two types of injuries that may qualify for workers’ comp: job-related and non-job-related. Employers are required by law to provide medical care for job-related injuries, including the cost of medical treatment, rehabilitation, and so on. However, if the injury is deemed not job-related, then it is up to the employee to cover those costs.
- Job-related injuries: These include accidents resulting from work activities or conditions that arise from a person’s work duties. That said, there is no such thing as a “work accident”–accidents happen when we least expect them, regardless of what we are doing. All that matters is whether your accident took place during your shift and in the course of your responsibilities at work.
- Non-job-related injuries: These include accidents that do not take place on company business or while performing assigned tasks at work. For example, an injury might occur while commuting to work or an injury could be sustained while engaging in some recreational activity outside of work hours with co-workers who are not also employees of the company. It should be noted that even if you are injured outside of work hours but in connection with something you did at work–for example, a car accident after driving home from a late meeting–you can still file a personal injury claim if the other party was found negligent due to their negligence in driving, which led to the collision.
What are the benefits of workers’ comp?
Workers’ comp provides a safety net for employees who get injured and need time off to recover. This type of insurance is typically provided by the employer, but it can also be purchased independently. Workers’ comp can cover a variety of injuries, from chronic back pain to carpal tunnel syndrome, depending on the situation. It may not cover all injuries sustained on the job, like burns and concussions, but these types of injuries are often covered through personal health insurance or private insurance.
What’s great about workers’ comp is that there are no caps or limits on what you’re awarded. You’re eligible for payment even if your injury doesn’t lead to permanent disability; in fact, you’ll still receive benefits even if you have temporary symptoms that go away after a few months.
However, this type of coverage does have some limitations, including how long it will pay out. Usually, workers’ comp pays out benefits for up to six months after an injury occurs, so make sure you’ve got another source of income while this is happening.
How to make a workers’ compensation claim
If you are injured on the job and believe that your employer is at fault, there are a few steps to take to make a workers’ compensation claim. You will need to report the injury to your supervisor or human resources department. If they deny your claim or do not resolve it in a timely manner, you should contact the Occupational Safety and Health Administration (OSHA) or the Department of Labor’s Wage and Hour Division.
It’s important to note that filing a workers’ comp claim will not impact your unemployment benefits. Filing this type of claim will not disqualify you from receiving any other type of benefit from your employer, so feel free to file one if you believe it is necessary.
Workers’ Comp Laws in Different States
Each state has different regulations for workers’ compensation, which is why it is so important to be aware of the rules in your state. Most states require employers to provide medical care and temporary payments after an injury has occurred. In some states, the employer can choose between paying for medical care or providing temporary disability payments; in others, it’s required that the employer pay for both.
There are some states where employers are not required to provide either type of payment, but instead only need to cover necessary expenses like hospital admissions. There are also states where employers must make payments even if they contributed to the injury themselves, while other states mandate that employees prove that the injury was caused by a workplace circumstance. If you are unsure about your state’s laws, it’s best to consult with your human resources department or a workers’ comp lawyer.
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What are some alternatives to filing a workers’ comp claim?
There are a few alternatives to workers’ comp claims. One of the most popular is using an employee assistance program (EAP). EAPs provide confidential services for employees and their families who need help with personal or work-related problems. These services can range from medical care and counseling to legal advice and transportation.
A second alternative to filing a workers’ comp claim is to take matters into your own hands. You can try talking with your employer about the injury and how you think it should be handled. If you’re not comfortable speaking up, you might want to consult a workers’ comp lawyer first. All they want is what’s best for you and your family, so they will go over all of the options available in order to come up with the best solution for you.
These alternatives can help if you find yourself in a situation where you’re injured on the job but your employer doesn’t have workers’ compensation coverage. Although these options don’t offer as much protection as workers’ comp, it’s always better than nothing!
Do I need a lawyer for workers’ comp?
If you’re looking for help with your workers’ comp claim, it’s always a good idea to consult a lawyer. Workers’ comp is complicated and there are certain restrictions that may apply that an attorney will know about. If you’re not sure where to start or what benefits you’re eligible for, consult an attorney.
Wrapping Up
If you’ve been injured on the job, file a claim as soon as possible to make sure your rights are protected. It’s important to note that while doing this, you will need the aid of a professional who can offer you legal advice. For this reason, it’s best to hire an attorney if you have any questions about your workers’ comp case.
Stay safe!