Injured workers are often taken advantage of because they do not know their rights. Your employer may not tell you about all your rights. Their insurance company is only concerned with minimizing the cost of your claim. Thus, injured workers are frequently not informed concerning job retraining, overtime pay benefits, wage differential benefits, statute of limitations, notice requirements, repetitive traumas, maintenance payments while being retrained and settlements. If you have been injured at work, you should immediately contact the Law Office of Aaron A. Farmer, LC. to make sure you are receiving all the benefits available to you.
Frequently asked Workers’ Compensation Questions
1) What is Workers’ Compensation?
2) What types of injuries qualify for Workers’ Compensation?
3) What is OSHA?
4) What if my employer doesn’t carry Workers’ Compensation insurance?
5) What if my injury occurred on my way to work?
6) My boss says that I can’t get Workers’ Compensation because it was my fault that I got hurt.
7) How much compensation can I receive?
8) What expenses is the employee responsible for?
9) Are there any time limitations for filing for Workers’ Compensation?
What is Workers’ Compensation?
Workers’ Compensation is insurance paid by an employer that provides cash benefits and medical care for an employee if they become injured or disabled because of any injury or illness related to their job. An injured employee is not required to prove fault on the part of the employee, the employer, a co-worker, customer or someone else.
Workers’ Compensation laws are generally governed by state statutes. Workers’ Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses.
What types of injuries qualify for Workers’ Compensation?
Workers’ Compensation laws are based on state statutes, so there is a lot of variance regarding the type of injuries that qualify as well as the amount of money and benefits.
Common workplace injuries include:
- Slips & Falls
- Back Injuries
- Fallen Object Injuries
- Cuts/Lacerations
- Carpal Tunnel
- Burns
- Broken Bones
- Other Serious Injury
Workers’ Compensation also covers illnesses or diseases contracted while on the job. Common illnesses such as a cough or cold are not covered, but if you contract AIDS at work, that would be covered. The key is whether the injury or illness is caused by your job/work environment.
An injured worker should never assume his/her injury is clear cut or covered, and should always seek an attorney as soon as possible after the injury.
What is OSHA?
OSHA stands for the Occupational Safety & Health Administration. It is a department of the U.S. Department of Labor. OSHA's mission is to assure the safety and health of America's workers by setting and enforcing workplace standards.
The OSH Act assigns to OSHA two principal functions: setting standards and conducting workplace inspections to ensure that employers are complying with the standards and providing a safe and healthful workplace. OSHA standards may require that employers adopt certain practices, means, methods or processes reasonably necessary to protect workers on the job. It is the responsibility of employers to become familiar with standards applicable to their establishments, to eliminate hazardous conditions to the extent possible, and to comply with the standards.
What if my employer doesn’t carry Workers’ Compensation insurance?
Most states, with very few specific exceptions, require employers to purchase an insurance policy to handle their statutory obligation to workers who are injured or made ill due to workplace exposure
Employers without Workers´ Compensation face unlimited liability, including possible punitive damages, if they lose lawsuits arising from workplace accidents. They may also lose certain common-law defenses if they are sued over on-the-job injuries. They may not defend themselves by arguing that:
· The injured workers’ negligence caused the injury.
· The negligence of fellow employees caused the injury.
· The injured worker knew of the danger and voluntarily accepted it.
Additionally, failure to carry Workers' Compensation insurance or otherwise meet a state's regulations in this regard can leave an employer exposed not only to paying for medical care, lost wages, etc., but also to paying penalties levied by the states.
What if my injury occurred on my way to work?
Generally, if an injury / accident occurs when a worker is on their way to or from work, the injury is determined to be outside of the workplace, and therefore not compensable. This also includes injuries or accidents that occur during an employee’s lunch break. However, employees who must travel to perform work assignments are covered by Workers’ Compensation benefits if they are hurt during this travel.
My boss says that I can't get Workers' Compensation because it was my fault that I got hurt. Is he right?
No, it doesn't make any difference whose is at fault. In most cases, you are entitled to Workers’ Compensation. Exceptions may include:
· You were intoxicated when you were hurt.
· You purposely hurt yourself.
· You were hurt while you were horsing around.
· You were hurt by someone who was mad at you for personal reasons.
How much compensation can I receive?
The Workers' Compensation system provides replacement income, medical expenses, and sometimes vocational rehabilitation benefits -- that is, on-the-job training, schooling, or job placement assistance. The benefits paid through Workers' Compensation, however, are almost always relatively modest. There can be several applicable types of Workers’ Compensation benefits including: medical benefits, temporary total disability benefits, temporary partial benefits, permanent impairment benefits, disfigurement benefits, and death benefits.
What expenses is the employee responsible for?
There is no charge to you. If you qualify for Workers’ Compensation, all approved medical bills will be paid in addition to any temporary or permanent disability compensation your entitled to.
Are there any time limitations for filing for Workers’ Compensation?
Yes. Depending on your specific situation and type of injury / illness, several time limits may apply. There are set time limits governing when an employer should be informed of an injury / illness; when an employer must alert the Workers’ Compensation commissioner; how long an employee can remain eligible for benefits, and how long an employee can wait until filing a Workers’ Compensation claim. The safest course of action for any injured employee is to seek any medical treatment immediately, alert your employer of the injury / illness as soon as possible, and consult with an attorney.