Workplace injuries are very common. Depending on the severity of the accidents, victims can be left dealing with life-threatening injuries or other injuries that can affect their usual life. To protect employees from dealing with the damaging effects of a workplace injury and protect the employers from a lawsuit, the state and federal governments require all employers to have workers’ compensation insurance.
According to the workers compensation law, all injured workers have a right to claim compensation for any injury they sustain while at work or in the line of duty. It is important to know how this law works and how to claim compensation after a workplace injury. Here are some of the commonly asked questions about workers compensation.
What Does Workers Compensation Cover?
Workers’ compensation insurance covers any injury that a worker sustains while at their workplace or in the line of duty. It can cover the cost of treatment as long as necessary, at-home nursing care due to injuries, lost wages, temporary or permanent disability, and more. If an employee loses their life, their dependent can receive benefits and funeral expenses.
Can I Get the Benefits if I Was At-Fault?
The workers compensation system compensates the injured worker regardless of who is at fault. A victim does not have to prove liability to claim compensation. The employer’s insurance company will review the damages, including permanent or temporary disability, and compensate the worker. However, if the injuries were self-inflicted, were sustained from a fight, or inflicted while the employee was defying company policies such as working while intoxicated, they may not be able to get any benefits.
Does the Compensation Cover Work-Related Injuries That Do No Result from an Accident?
Workers can sustain various illnesses or injuries that accidents may not directly cause. Depending on the type of work, one can sustain repetitive motion injuries, digestive disorders, and carbon monoxide poisoning. If the injuries are associated with their work and the risks or hazards involved, they will get compensation as per the workers compensation law.
How Do I File a Claim?
A worker should ensure that they report the accident to their employee immediately, seek medical attention and allow the employer to investigate the accident. The employer will then gather the information and file the claim as soon as possible as per the state’s laws. Once the employer files the claim with the insurance company, it will process the compensation according to their policies.
Can I Get Compensated if Injured While Working from Home?
The workers’ compensation benefits cover all employees while at work. If you are injured while away from your workstation but acting within the scope of your duty, you can get compensated. However, this will depend on the work you were doing that led to the accident and injuries. Your employer will need to confirm that the injuries were a result of your work.
Can a Claim Be Denied if the Injuries Are Not Reported on Time?
There are statutes of limitations that apply to workplace injury claims. Some states require employees to report an injury to their employer before the lapse of 90 days. If you delay reporting, you can lose your compensation. It is vital to report an accident or injury immediately once it happens or is discovered.
Consult a Work Injury Lawyer
If you have been injured while at work and feel that you are not getting fair compensation, you have a right to appeal. Talk to a work injury lawyer in your state to know other legal options that you have. Your lawyer will review your claim, make an appeal or file a lawsuit to ensure you get maximum compensation for your damages.
