Process for Getting Workers Compensation Benefits

Workers compensation benefits are available to those who suffer a work related injury. In fact, they are the sole means of recovering damages against an employer for a work related injury, since state workers compensation laws bar workers from suing employers directly in court under tort laws. As such, it is vital that you understand the process of getting workers compensation benefits if you have been injured at work.

Understanding Workers Compensation Benefits

Workers compensation benefits are granted to an employee when:

He or she was injured as a result of doing his job. He need not have physically been at work. If the injury resulted from something job related, whether it was a car accident while picking up your bosses dry cleaning, a slip and fall at the office, a brick falling on your head at a construction sight, or cancer from exposure to asbestos at work, then you can collect workers comp benefits for it.
He or she was not under the influence of drugs or alcohol when injured, nor was he acting in express violation of some stated company policy

If you meet these criteria, then you should be able to recover damages for your work related injury through the workers compensation benefits system. You may notice that the word negligence isn't listed as a criteria. This is because unlike in standard personal injury cases, your employer didn't actually have to do anything wrong in order to be responsible for your work related injuries. In legal terms, this means workers compensation is a strict liability system.

How to Get Workers Comp Benefits

To get your benefits for a work related injury, you must follow the rules set forth by your state and your employer. This usually means:

You must report your injury within a set frame of time. This can be anywhere from a few days to a few years, depending on where you live
You must get medical help and have documented proof of your injury. Sometimes, you are required to see a doctor chosen by your employer and other times you can choose your own physician, again depending on the state
You must prove the nature and extent of your injury so a damage award can be decided upon. Usually, state law mandates how much you may recover from workers compensation for your injury

Getting Help

If you wish to recover damages for a work related injury through workers compensation benefits, you should consult with a qualified workers compensation attorney. Your lawyer can explain to you the process of filing a claim and can assist you every step of the way to maximize your chances of your claim being approved.

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