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How It All Works: 6 Questions and Answers Regarding Workers' Compensation


Perhaps you must have heard about workers’ compensation over and over, but you don’t have enough knowledge of how it works. Well, the concept of this insurance may not be as simple as it may seem, but it’s somehow complex. Good news is, we’ve prepared a list of the common and essential questions and answers to give you an overview of workers’ compensation insurance coverage. Please read on.

Am Covered Under Workers’ Compensation?

Almost all workers are covered under the Workers’ Compensation Act. Therefore, if you’re a seasonal, part-time, or full-time worker, chances are that you’re covered under this act. It’s a requirement for almost all businesses, regardless of their size, to have workers’ compensation insurance. Employees in some industries, like shipyard and railroad employees, may be covered under certain compensation laws unique to these industries. However, you may not qualify if you’re an independent contractor or are working on a volunteer basis.

What’s the First Thing I Should Do Should I Get Injured While at Work?

It’s very essential that you report any accident to your supervisor, regardless of whether it’s minor or fatal. When reporting, do not go back until the supervisor makes a written record about the same. After reporting, insurance adjusters will call you asking you to provide them with details and will try to persuade you to sign insurance documents with their offer. Avoid signing any document or negotiating with them at all cost until your attorney has reviewed it. This offer usually is way below your rightful compensation, and this is what injury lawyers are trained for: to fight for your rightful compensation.

How Much Will My Compensation Be?

Compensation is usually calculated based on whether you’re partially or totally disabled. For instance, if you’re totally disabled by the injury you suffered hence are unable to work totally, you’ll be entitled to get weekly compensations of a certain percentage of your pay per week, or a specific maximum value depending on your state. Your disability status will be reviewed after, say, two years and your disability will convert to a partial disability if, at this time, you’ll no longer be at least 50% disabled. Still, you’ll be receiving partial disability benefits for a certain period of time. Therefore, if you get injured in your workplace, you can consult an injury lawyer who has handled similar cases to help you seek legal practice and recover compensation

Can I Get Compensated Even if I Caused My Own Injury?

Well, yes and no. This is because compensation for the injuries will depend entirely on how the injuries occurred in the first place. If your actions were outside the law or the rules and regulations put in place by your workplace, you’ll hardly get compensated. Your attorney will assess your situation to determine if you’ll be having a case.

Is There a Statute of Limitations for Workers’ Compensation Cases?

In all states, you’ll be required to provide your supervisor with a notice of any injuries suffered in your workplace within a specific number of days from the day of the injury. Should you fail to inform your employer about the injuries, you’ll risk having your claim denied; which is never a good sign. But why should you wait when you can report as soon as possible? Any worker’s compensation case has to be filed within 3 years from the day of the accident for it to be successful. For you or a family member to receive compensation for a disease contracted during your employment in a certain company, there’s a specific number of weeks from the day you were last an employee in the company within which the disease must occur. 

What Should I Do Should My Claim Be Denied?

Being denied a workers’ compensation claim by an insurance company may not be a surprise. Should you find yourself in such a situation, you can file a claim with the Bureau of Workers’ Compensation within three years from the day of the accident. Your personal injury attorney will help advise you on the necessary legal steps to take and ensure that you get your rightful compensation.

Conclusion

Workers’ compensation insurance an essential cover that you can benefit from should you receive a work-related injury in the workplace. These questions and their respective answers will help you stay informed of how this type of insurance works and the steps you should take to seek legal practice. You can also refer to other relevant themed blogs to learn more about workers’ compensation insurance.

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