Workers Compensation: What You Need to Know
If you sustain an injury or illness at work, you may be eligible to receive medical benefits and wage replacement through workers’ compensation. Unfortunately, the claims process doesn’t always run smoothly: Sometimes, insurance companies and employers attempt to minimize or deny payments to injured or sick employees.
That’s where Morgan & Morgan comes in. Our highly skilled attorneys fight on behalf of hardworking Americans in all industries. Read on to find out what you need to know about workers’ compensation.
Workers’ Compensation: An Overview
Workers’ compensation is a form of insurance designed to provide medical benefits and payment to people who get injured or sick at work. In exchange, the employer generally can’t be sued for negligence.
Filing a Claim
The employee must report the incident to their employer. In return, the employer must provide forms for the worker to fill out. The employee provides specific details about the event, such as when, where, and how the accident occurred. Keep in mind that reporting periods vary by state — if an employee doesn’t file a report on time, they may not receive any benefits.
Typically, the employer will file a claim with the insurance company. If the insurance company approves the claim, the employee will receive benefits for medical expenses, rehabilitation costs, and lost wages. If the claim is denied, the employee can file an appeal.
Filing an Appeal
The employer’s insurance carrier may deny the claim for a variety of reasons. They may:
- Dispute that the injury occurred on the job
- Accuse the employee of misrepresenting the injury
- Attribute the injury to a preexisting condition
- Claim the employee is an independent contractor
- The appeals process varies by state and is best handled by an experienced workers’ compensation attorney.
Eligibility for workers’ compensation depends on a number of factors, including what state the employee works in, the industry, and whether the employee works for the federal government. Generally, most employees are covered by some form of workers’ compensation. As such, the majority of injuries, illnesses, diseases, accidents, and deaths in the workplace are covered by workers’ compensation laws. Importantly, employees are not required to prove negligence for their injury to receive benefits, as workers’ compensation is a no-fault system.
Find a Workers’ Compensation Attorney Near You
If you’ve been hurt on the job, you may be eligible to recover significant financial compensation. A workers’ compensation attorney at Morgan & Morgan can help you through each step of the process. Fill out a free case evaluation to get started.