When an injury occurs during an employee’s designated work, either on the premises or as the employee is carrying out work duties off the company property, in most cases the individual is eligible for workers compensation benefits through his employer’s compensation insurance. Worker compensation insurance is required of most business in every state, so it’s important that both employers and employees are familiar with both the procedures in obtaining benefits and the type of compensations that are offered by the insurance provider. This is especially true if you suffer a workers comp disability that is likely to be long term.
Filing a Long Term Workers Comp Disability Claim
If any employee has to file a worker compensation claim to recover any cost incurred from a work related injury or disease, he or she must have a diagnosis of the level of disability which will be determined by the medical care provider.
- Upon completion of any medical care that can be administered to treat the injury, there may be some degree of functional loss suffered by the employee as a direct result of the injury.
- The percentage of function lost will help the insurance company to determine the amount of compensation the individual will receive for his or her injury, as most workers compensation insurance policies are required by state law to pay for permanent or partial long term disability based on the nature of the impairment
In many cases, the compensation granted for a work-related injury is paid on a short-term or lump sum basis. However, a workers compensation policy may allow for a long-term disability type benefit to be paid, but this is generally considered an option only in cases where the work-related injury results in the individual being rendered completely disabled, meaning the individual is unable to perform any kind of work as a direct result of the injury sustained, or suffers total loss of a bodily function.
How the Insurance Company makes an Assessment
Whenever an injury occurs, and an insurance claim is filed, the insurance company has to make its own assessment of the injury and the loss incurred by the individual to determine the benefit amount that will be paid.
- In order to make a proper assessment, it is very important that the individual cooperate in every way with the insurance company and be forthcoming about every aspect of the injury with his or her doctor so that each symptom that is a result of the work-related injury or disease is noted in the medical record for the individual.
- If anything is left out when the insurance company makes its determination, in most cases it will not be amended or added to the original benefit amount after the determination has been made. As such, there must be clear medical record of every issue that may be a result of the injury, no matter how insignificant the issue may seem.
To make sure you are fully compensated for any work related injury, it is important that you consult with an experienced workers compensation attorney. Your lawyer can help you take steps necessary to ensure that you get the full amount of compensation the law entitles you to when you suffer a long term disability.