Workers across the United States deal with devastating and costly workplace injuries on a day-to-day basis. When you’re injured at work, a workers’ comp claim can help you recover financial damages, and ensure that you’re able to stay stable as you wait for injuries to occur.
Unfortunately, many Americans fail to understand the nature of workers’ comp claims. To assist you, here are eight important facts about workers’ comp claims that every worker in America should know:
1. There are Restrictions to Consider
Not all workplace injuries qualify for workers’ comp claims. There are a few qualifications that have to be met. Firstly, you have to be injured on the job and at your workplace. Additionally, if you’ve been injured by an illness you contracted at work, you may qualify for a workers’ comp claim. Lastly, if you’ve contracted a work-related condition, you may qualify.
2. Those Denied Workers’ Comp Have Other Options
If your workers’ comp claim is denied, it’s not the end of the road. Denied workers’ comp claims can be appealed, and potentially settled through legal means. However, this aspect of the process is often the most difficult for the average worker to navigate.
Due to this, it’s best to let lawyers handling workers’ comp claims handle this important job. Doing so can make it much more likely that you’ll receive your workers’ comp claim payout in the long run.
3. It Does Not Cover Pain and Suffering
Many workers’ comp insurance policies fail to cover pain and suffering. Due to this, many employees have to sue their employer for damages if they’ve experienced financial or physical blowback from a workplace injury that resulted in pain and suffering. We will cover this legal process later on in this article.
4. Injured Employees Can Sue Their Employers
Even if you receive a workers’ comp payout, you can still sue your employer if your injury was caused due to their gross negligence. Especially if your employer put you into a dangerous situation where injury or illness was likely, and you have evidence of this fact, you deserve to receive compensation for the damages they’ve caused.
5. There are Free Resources to Help You File
Even if you do not have the money to navigate the workers’ comp claim process, there are helpful and free resources out there to assist you. There are US Department of Labor sites designed to help you, and many workers’ comp lawyers will work on contingency if you need assistance in filing a claim or disputing a denied workers’ comp claim.
6. Any and All Injuries Could Lead to a Workers’ Comp Claim
While there are plenty of restrictions and potential roadblocks surrounding the workers’ comp claim process, practically any and all injuries could end up leading to a successful claim. From reactions to toxic substances to strains and sprains, different injuries can fall under the umbrella of workers’ comp-eligible injuries.
That being said, the size of your workers’ comp payout is often related to the type of injury you’ve suffered, the financial fallout of that injury, and other key factors.
7. It’s Important that You Act Quickly
You must approach the workers’ comp process in a quick, focused fashion in the immediate aftermath of your injury. You’ll need to gather as much evidence about the accident, and have all of your medical bills documented, to get through the workers’ comp claim process in a timely fashion.
Additionally, having a professional workers’ comp attorney by your side can help you speed through the process more effectively.
8. Your Employer Pays for Workers’ Comp Insurance
Remember, it’s your employer who pays for the insurance that will potentially cover your workers’ comp claim. Workers’ comp insurance is legally required for a wide range of employers across the US. Louisiana, for example, requires that all workers are covered under worker’s comp insurance.
However, this does not mean that all employees will receive their workers’ comp payout, as many different factors can affect an insurance company’s choice as to whether they grant a workers’ comp claim.
Stay Vigilant While at Work
By staying vigilant during your daily work, you can help prevent workplace injuries. Keeping your workplace, and your fellow employees safe is a top responsibility of every worker.
Even with this vigilance, however, it’s crucial for employers who allow workplace accidents to occur to be held responsible. With the right guidance, you can receive a fair workers’ comp claim if you ever suffer a preventable injury while on the job.
