What Is the Law for Workers' Compensation?

What Is the Law for Workers' Compensation?

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What Is the Law for Workers' Compensation?

If you’ve been injured on the job, you may be wondering if your injury is covered by workers’ compensation or what your local laws are concerning workers’ comp. After all, nobody wants to deal with the frustration and financial burden of a workplace injury that isn’t fully compensated.

Understanding workers’ compensation laws will help you determine your options, though you should always consider contacting an attorney. The workers’ compensation lawyers at Morgan & Morgan are always here to help. We have been handling these types of claims for decades and will do whatever it takes to ensure you get the compensation you’re entitled to.

Contact Morgan & Morgan today for a free case evaluation to learn more about your workers’ compensation.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

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  • What Is Workers' Compensation?

    Workers’ compensation is a type of insurance that covers the medical costs and lost wages associated with work-related injuries or illnesses. It is designed to provide financial support to injured workers who cannot return to work (temporarily or permanently) due to their injury.

  • What Does Workers' Comp Cover?

    Workers’ compensation laws cover medical expenses, lost wages, and other benefits for employees who are injured or become ill due to their employment. Generally speaking, the coverage includes medical bills, rehabilitation services, and payments for lost wages while an employee is unable to work due to injury or illness. In some cases, workers’ compensation also covers death benefits if an employee dies as a result of their employment-related injury or illness.

    In addition to medical costs and lost wages, workers' comp also covers certain types of legal fees associated with filing a claim. For example, many states allow attorneys’ fees as part of workers’ compensation settlements, so it may be worth it for an injured worker to consult with a lawyer when filing a claim. Additionally, most states allow for reimbursement of travel costs related to getting treatment for the injury or illness in question.

  • How Does It Work?

    When a worker gets injured or becomes ill due to their job, they typically file a claim with their employer's workers' compensation insurance company. The company will then investigate the claim and decide whether or not it should be approved. If it is approved, the insurance company will pay for the worker's medical expenses and/or provide them with wage replacement benefits while they recover from their injury or illness. They may also provide additional benefits such as vocational rehabilitation services, which can help injured employees find new jobs if their original job becomes too dangerous for them to continue due to their injury.

  • What Isn't Covered by Workers' Comp?

    When most people think of workers’ compensation, they assume their medical bills and lost wages will be taken care of in the event that they are injured on the job. However, there are many scenarios where you may not be covered. Read on to find out more about what isn’t included going to be covered by workers’ comp.

    Self-Inflicted Injuries

    One of the biggest misnomers about workers’ comp is that it covers all workplace injuries. This is simply not true. If an injury was self-inflicted or caused by intentional misconduct, then it will not be covered by workers’ comp.

    Injury While Breaking Rules

    If an employee suffers an injury while breaking company rules or policies—such as operating machinery while intoxicated—then they likely won't receive benefits from their employer's workers' comp policy either. This is because employers have a legal obligation to ensure their employees are following all safety regulations while at work. Therefore, if an employee fails to follow these rules and gets injured as a result, the insurance company can refuse to pay out any benefits for the injury itself.  

    Horseplay Injuries

    While it may be tempting to let off steam with co-workers and have a bit of harmless fun, if any injuries occur as a result of your time-off-task activities, they will generally not be covered by workers' comp.

    Commuting Injuries

    In general, commuting injuries are also excluded from workers' compensation coverage. This means that if you were injured in an accident on your way to or from work—whether walking or driving—your employer will most likely not be responsible for providing you with benefits for those injuries. This can make navigating the legal waters somewhat tricky since in some cases you may need to take legal action against another party or an insurance company for damages related to these types of accidents.

  • What Are The Benefits of Having a Lawyer for Your Workers' Comp Claim?

    If you’ve been injured on the job, you may be wondering if hiring a lawyer to help with your workers’ compensation claim is worth it. The answer is yes! Having an experienced lawyer on your side is one of the best ways to ensure that your rights are protected and that you receive the financial compensation that you deserve. Let's take a look at some of the key benefits of having a lawyer for your workers' comp claim.

    Experience Matters

    One of the most significant benefits to having an attorney handle your workers’ compensation case is their experience. A good attorney has deep knowledge about how these cases work and can help guide you through the process so that you don’t make any mistakes or fall victim to any common pitfalls.

    In addition, experienced lawyers are familiar with all available resources—such as state-specific laws and regulations—that can help bolster your case. They also have access to experts who can provide testimony or evidence in support of your claim if necessary. This expertise can be invaluable in getting the best possible outcome for your case.

    Knowledge of Insurance Companies

    Insurance companies are trying to save money wherever they can, which means they will often reject valid claims or try to minimize the amount they pay out on valid claims. With an attorney on board, however, insurance companies are less likely to take advantage of someone who doesn’t understand their legal rights and responsibilities when it comes to workers’ compensation claims. An experienced lawyer knows exactly how insurance companies operate and what tactics they use, giving them an added layer of protection against unfair treatment from insurers.

    Peace of Mind

    Navigating a workers' compensation claim can be stressful and confusing, but having an experienced lawyer by your side makes it much less stressful. With their knowledge and expertise, you won't have to worry about making any mistakes or missing important deadlines that could derail your case entirely; instead, you'll have peace of mind knowing that everything is being handled professionally and correctly from start to finish. Plus, attorneys typically work on contingency fees; this means that if they don't win or settle your case successfully, you don't owe them anything.

  • Are All Employers Required to Offer Workers’ Compensation Insurance?

    The answer depends on where you live. Some states require all businesses to carry coverage; others only require employers with a certain number of employees (or types of employees) to have coverage. Occasionally, you’ll find a state that has no workers’ compensation requirements at all.

    It's important to check your state's laws regarding workers’ comp requirements so you know whether your employer should be providing this type of coverage or not. Additionally, many employers choose to voluntarily provide workers’ comp even if they aren't legally required to do so in order to protect themselves from liability stemming from employee injuries and illnesses.

  • What Is the Difference Between a Workers’ Comp Claim and a Lawsuit?

    The main difference between a workers' comp claim and a lawsuit is that with a workers' comp claim, you don't have to prove fault—only that the injury occurred while performing work duties. As long as the injury happened on the job (and it’s a covered situation), then you're eligible to receive compensation through workers' comp. On the other hand, with a lawsuit, there must be proof of negligence or carelessness for someone to be held legally responsible for any damages caused by the incident. 

  • Can I Sue My Employer Instead of Filing a Workers’ Comp Claim?

    In most cases, you cannot sue your employer if you have suffered an injury at work; instead, you need to file a workers’ comp claim to receive any benefits. However, there are some exceptions. For example, if you were injured because of your employer's gross negligence (such as not providing safety equipment), then you may have the right to sue them instead of filing a claim with workers' comp. Additionally, if your employer does not carry workers' compensation insurance, then you may be able to take legal action against them for any injuries or illnesses sustained on the job.

  • Contact Morgan & Morgan Today for Help With a Work-Related Injury

    Understanding workers' compensation law is essential if you want to make sure that you are properly compensated for any injuries or illnesses that occur on the job. With this knowledge, you can rest assured knowing that you have legal recourse should anything happen while at work. If you need help understanding workers’ compensation law further, please don't hesitate to reach out and contact us today.

    At Morgan & Morgan, we have decades of experience handling workers’ compensation claims. If we can’t settle your case out of court, we’re never afraid to aggressively assert your rights at trial. As the largest personal injury firm in America, we can help no matter where you were injured.

    Contact Morgan & Morgan today to schedule a free, no-obligation case evaluation.

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