Workers’ Compensation Lawyers

Workers’ Compensation Benefits

If you’re injured on the job or are diagnosed with an occupational illness, the benefits you are eligible for will depend on your state. Most states offer the following benefits, though the amounts vary:

• Medical benefits. Workers’ comp covers all necessary medical expenses related to your injury or illness, including hospital visits, surgeries, medical devices, medications, rehabilitation costs, and therapy.
• Wage benefits. If you can’t work because of your injury, workers’ compensation provides wage replacement benefits. These benefits typically cover a percentage of your lost income, up to the state’s maximum benefit. The exact amount varies by state.
• Rehabilitation benefits. In some states, workers’ comp can cover the costs of physical therapy or vocational training if you need to learn new skills to return to work.
• Disability benefits. If your injury results in a permanent disability that affects your ability to work, you may qualify for disability benefits. These can provide ongoing financial support based on the severity of your disability.
• Death benefits. If a worker dies due to a job-related injury, workers’ compensation can provide benefits to the worker’s family to help cover funeral costs and provide financial support for dependents. This can allow you to secure benefits without having to file a wrongful death claim.
• Travel benefits. If you need to travel for medical appointments related to your injury, some workers’ comp programs may reimburse you for mileage, public transportation, and other travel expenses.

Not getting your rightful benefits can impact your ability to get needed medical care and can make it harder to pay for housing, food, and other essentials. Every dollar counts. If you’re injured at work and worried about getting the benefits you deserve, contact Flaxman Law Group for a consultation with workers’ compensation lawyers who can answer your questions.

Are You Eligible for Workers’ Comp Benefits?

To qualify for workers’ comp, you generally need to be an employee, not an independent contractor or freelancer. Your state will have specific definitions of who qualifies as an employee.

In addition, to qualify for workers’ comp you must have suffered an injury or illness that happened while you were performing your job duties. You must also report the injury within your state’s deadlines and seek medical treatment for your illness or injury. You must follow your employer’s or the insurer’s requirements for a claim to be eligible. In some cases, for example, that may mean visiting doctors approved by the insurer. 

What Should You Do If You’re Injured on the Job?

If you’re injured on the job, take a moment to assess the situation. Avoid moving around too much. If your injury is serious, get medical help right away. Call for an ambulance if needed, or have a coworker assist you in getting to a doctor or hospital. Even if the injury seems minor, it’s wise to get checked out by a healthcare professional.

As soon as possible, notify your supervisor or manager about the incident. This is crucial for starting the workers’ compensation process.

It’s also important to get as much documentation about your injury. Write down details about the accident while they are fresh in your mind. Include information like the time, place, and what you were doing when the injury occurred. If there were witnesses, make a note of their names and contact information. Keep any communication and records about your medical treatment, injury, and claim. Save receipts and records of any medical bills, travel expenses for treatment, and other costs related to your injury.

As soon as you can, consult your employee handbook or the human resources department about the company policy for reporting injuries. Make sure to follow these procedures to the letter to prevent a denial.

Depending on your state and employer, you may need to formally file a claim for workers’ compensation benefits. Your employer should provide you with the necessary forms or information on how to proceed.

If you run into difficulties with your claim or if your employer isn’t supportive, consider consulting a workers’ compensation attorney. A lawyer can help you protect your rights.

Common Workers’ Compensation Injuries

When people get hurt on the job, the injuries can vary widely depending on the type of work they do. Common injuries can include:

• Sprains and strains. These are often caused by lifting heavy objects or repetitive movements. A sprain involves twisting or stretching a ligament, while a strain affects muscles or tendons.
• Broken bones. Broken bones can occur from falls, accidents, or heavy machinery mishaps.
• Working with tools, machinery, or sharp objects can lead to cuts and lacerations.
• Back injuries. These are very common, especially in jobs that require heavy lifting or long hours of sitting. Back injuries can range from minor strains to serious conditions like herniated discs or even spinal cord injuries that lead to paraplegia.
• Head injuries. Falls or impacts can lead to concussions or life-threatening traumatic brain injuries (TBIs).
• Repetitive stress injuries. Jobs that involve repetitive tasks, like typing or assembly line work, can lead to injuries such as carpal tunnel syndrome or tendonitis. These conditions develop over time and can affect daily activities.
• Burns. Employees who work in kitchens, factories, onconstruction sites, or with chemicals are at risk of burns.
• Environmental injuries. Exposure to extreme temperatures, chemicals, or hazardous materials can lead to health issues. For instance, heat exhaustion can occur in hot environments, while exposure to toxic substances can result in respiratory issues or cancers.
• Mental health issues. High-pressure jobs or environments with workplace bullying can lead to stress, anxiety, depression, and other mental health conditions.
• Slip and fall injuries. Tripping over uneven surfaces or slipping on wet floors can lead to fractures, sprains, concussions, and other serious injuries.

It’s important to always get evaluated by a medical professional if you’re injured on the job. Not only can it help with your claim, but it can be crucial for your health. Some medical conditions, such as repetitive strain injuries, head injuries, and soft tissue injuries, may not have obvious symptoms right away, so it’s better to err on the side of caution and see a doctor.