How a Workers Compensation Case Works | WorkersCompensationLawFirms.com

Most employed workers in the United States are covered by some type of workers compensation insurance. In America, this is a “no fault” system, meaning that injured workers have an absolute right to medical care and necessary compensation, and they don't have to prove the injury was someone else's fault in order to gain compensation. Because workers compensation programs are administered on a state by state basis, the specific case management procedures may differ according to a person's location, but the general principle behind workers compensation remains the same. Injured workers are entitled to benefits for a number of different types of injuries, from minor cuts to injuries that result in permanent disability.

Filing a Workers Compensation Claim

As soon as possible after an injury, an employee should report the injury to their employer and seek any necessary medical attention. Generally, an injury should be reported within 30 days, though specific state laws may vary. An employer will then notify their workers compensation insurance carrier by submitting the required paperwork. This begins the claims process. A case management specialist may be assigned in order to act as a liaison between the employee, the doctors, and the insurance company. The case manager will be able to answer many of the questions employees may have regarding their workers comp benefits.

Types of Compensation

Workers compensation covers a wide range of disabilities. Those with permanent disability resulting in an inability to work are eligible to receive benefits for the rest of their lives, or they may opt to settle their case and receive a lump sum. They may also collect social security disability at the same time, though the payments may be reduced if the combined benefits amount to more than 80% of their pre-injury income. Permanent partial disability often involves specific body parts, such as the loss of a finger or even permanent hearing loss. Employees with permanent partial disability are not completely unable to work, though they have a permanent injury which may affect how they do their job. In this case, an employee is compensated according to the type and severity of the injury. Permanent partial disability claims make up about half of all workers compensation claims. Workers comp also covers temporary injuries and disabilities.

Getting Legal Help

Workers compensation laws can often be difficult to understand. An attorney with experience in workers compensation law can help make the process easier and avoid any potential problems. Also, because social security disability payments may be affected by workers compensation settlements, it's especially important to seek legal advice in order to avoid a reduction in benefits.

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