The Types Of Injuries Covered by Workers’ Comp
Typically employers purchase Workers’ Comp insurance. If you are injured on the job you have 30-45 days to notify your employer of your injuries. Once notifies your employer will then notify his insurance carrier. If there is no doubt or question of how you were injured, and it is a work-related accident, your workers’ comp benefits start immediately. Keep in mind your employer will also have you get seen by a doctor to treat your injuries. Te doctor may agree with you that your injuries were cause by a work related accident, and that you may need time off to heal properly. On the other hand the doctor may not agree that your injuries were in fact work related, or that your injuries are not that severe that would require time off. This can result in your claim getting denied by the Insurance Company. The next step is to file an appeal with the State Workers’ Compensation Board. So, what types of Injuries are Covered by Workers’ Comp? Types on Injuries Covered by Workers CompTo understand what injuries may qualify for workers’ compensation benefits, you should first understand that there are some eligibility requirements to be met. These requirements include the fact that the person or company you were working for must carry workers’ compensation, you must be an employee of that person or company, and your injury or illness must be work-related. If you just so happen to have sustained an injury on-the-job, then it is most likely going to be covered due to the fact that you were doing something for the benefit of your employer (DelPo). First Aid Treatment – Covered or Not? If you were injured and a first-aid kit was able to remedy that injury, then a workers’ compensation case will probably not come into play. This means that the injury was not near severe enough to warrant such insurance coverage. Cuts, scrapes, and small wounds will probably be seen as insignificant. However, if you are exposed to something that causes headaches in your day-to-day life, then you may be covered (Shafar). Repetitive Motion Injuries Repetitive motion injuries may be covered and come in various forms. Carpal Tunnel Syndrome is a motion injury due to the fact that you are working at a computer and stimulating your wrists day in and day out. If your body is being used in some way to perform constant motions beyond human specification, then you may be eligible for compensation you deserve! If these injuries so happen to be detected early, they can sometimes be cured. Treatment can include things like short periods of rest, light medication, and rehabilitative exercises. However, permanent disability can happen as well if they are not caught early on. Occupational Illnesses Illnesses are known as occupational illnesses when a worker becomes sick and the nature of the workers’ job increases the worker’s chance of suffering from the disease. High-stress jobs like police work and firefighting may even cover heart attacks, which can be caused by too much stress. Mesothelioma claims can come from asbestos exposure in the workplace. However, as a qualification, one must be able to make a clear connection between the job at hand and the illness that it caused (Repa). Mental Health Conditions Mental health conditions are considered just as much as physical conditions are. Post-traumatic stress disorder, depression, and severe anxiety may make you eligible for workers’ compensation. Stress may be a bit different, however; many workers experience stress to some degree, but the question is, how severe is the stress and what caused it? Stress alone may not be enough to get workers’ compensation. Are Injuries Outside the Office Covered? Even though you weren’t in your office when an injury happened, you may still be covered by workers’ compensation. It all depends on if you were working in the “course and scope” of your employment. This means that you were acting within your job duties and carrying out all business that is required of you. If you are getting paid for what you do and become injured as a result, then you may have a claim and where it happened doesn’t exactly matter (Shafar). If you are injured or become ill on the job, you may have a workers’ compensation claim and should speak to an experienced attorney who can assist you. Workers’ comp can include a very complex set of laws that only an attorney will be able to help you with. Find out if you have a claim today – call RAWA Law Group, a set of attorneys you can trust! Works Cited Barba Kate Repa. Nolo, 2015. Web. Accessed October 26, 2015. https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter12-3.html Amy DelPo. Nolo, 2015. Web. Accessed October 26, 2015. https://www.nolo.com/legal-encyclopedia/are-you-eligible-workers-compensation-32963.html Amy DelPo. Nolo, 2015. Web. Accessed October 26, 2015. https://www.nolo.com/legal-encyclopedia/are-you-eligible-workers-compensation-32963.html
Eligibility Requirements: Workers’ Compensation Benefits
Can I Receive Workers’ Compensation Benefits Even if I Wasn’t at My Workplace When I Was Injured? There are, of course, eligibility requirements when it comes to work-related injuries and workers’ compensation. Two requirements state that the employer must be covered by workers’ compensation, and that you must be an actual employee to the workplace. A third requirement states: The injury or illness must be work-related. This means that, if you were doing something for the benefit of your employer and were injured, then the injury is known as work-related in nature. This is not always easily identifiable. Perhaps, in one situation, you were injured while on break but doing something for your boss. In this type of case, the injury didn’t necessarily happen at work, but it had some type of connection to it (DelPo). Where do you turn? “Within the Scope of Employment” “Within the scope of employment” refers to you being on the job or on the clock when your injury occurs. If you are within that scope, then you will probably be eligible for workers’ compensation benefits. If you’re making a claim, you will want to ask yourself – how do I define the beginning and end of my workday? Questions of liability may occur when injuries happen during a work commute, in parking lots, of at activities. Many states follow the same rule, which is known as “while in the course of employment.” This rule basically states that it doesn’t matter where the employee’s physical location is, or the time of day for that matter. As long as work duties were being performed when the injury happened, then the injury will be seen as a workplace accident and probably covered by workers’ compensation benefits. U.S. Department of Labor’s “Portal to Portal” Rule The “Portal to portal” rule means that workers’ compensation coverage won’t begin until the employee arrives to the workplace. It also implies that the coverage ends when the employee leaves at the end of the workday. There are exceptions to this: Benefit to the Employer: A worker could be covered if they are injured when commuting to work, or just performing duties in general that directly benefit the employer. An example of this could be a car accident that happens after a client dinner. However, workers’ compensation doesn’t extend to workers who are injured while committing a crime, so a worker who obtains a DUI would be committing a crime and therefore relinquish their right to benefits. Special Missions: If a worker is sent on a special mission by his or her employer and is injured during this work task commute, then there may be a liability issue. This could include an example of a slip and fall while running an errand. Sidewalks and Parking Lots: An area that is controlled by (or the property owning in some way) an employer is considered to be an extension of the worker’s actual workplace. This includes sidewalks, grassy areas, parking lots, and other places that an employee walks on that are on the way to the workplace. Outside Regular Business Hours: If you are performing a duty outside of business hours and become injured while performing that duty, workers’ compensation will sometimes cover you. An example would be a car crash while speaking with a patient on the phone. After-Hours Visits to Workplace: In many cases, a worker will not be covered if they are injured on work premises even if they aren’t scheduled to be working. However, there is an exception to this. If the employer is aware that the unscheduled worker came to visit other coworkers and didn’t object to this, workers’ compensation may come into play (Calisi). A lot of the time, you’ll need to have an outstanding backup defense to a workers’ compensation case. This is due to the fact that many legitimate claims will end up being denied for various reasons. If your work injury is denied, and you have a real claim, then you will want to seek the help of an experienced attorney who understands worker’s laws. Call RAWA Law Group today for a free consultation to see where you stand. Works Cited Amy DelPo. Nolo, 2015. Web. Accessed October 22, 2015. https://www.nolo.com/legal-encyclopedia/are-you-eligible-workers-compensation-32963.html Judge Anthony P. Calisi. Injury Claim Coach, 2015. Web. Accessed October 22, 2015. https://www.injuryclaimcoach.com/work-place-accidents.html
If I am Receiving Workers’ Compensation Benefits But Return to Work, Do I Still Get to Receive Those Benefits or do I Lose Them?
To understand if you get to keep your workers’ compensation benefits, you first have to understand what workers’ compensation truly is and what it does. Workers’ compensation is also known as workmans’ comp, and is a state-mandated insurance program providing compensation to employees who suffer from job-related injuries and illnesses. Depending on which state you reside in, how you receive your benefits can vary greatly. If you have become injured or ill on the job, you will probably be able to apply for these benefits regardless of who was at fault. However, if you choose to go in the direction of receiving the benefits, you will probably not obtain the right to sue your employer in court for damages from the injuries or illness (Nolo). Benefits You May Be Entitled To In California and many other states, there are various types of workers’ compensation insurance benefits you may be entitled to. You can see the following: Medical Care: These benefits are paid for by your employer to help you recover from an injury or illness at work. Temporary Disability (TD): These are payments that you receive if you lose wages. They are granted to you because your injury prevents you from doing your usual job while you are going through recovery. Permanent Disability (PD): These are payments if you don’t recover completely for your injury or illness. Supplemental Job Displacement (SJDB): These are vouchers that help you pay for retraining or skill enhancement if you don’t recover completely or return to work. Death Benefits: These are payments sent to the spouse, children, or other dependents if a worker just so happens to die from a job injury or illness (State of California) What if I Return to Work? Let’s say that you are injured but end up returning to your job – then there are some questions that need to be answered. Are you receiving wages equal to or greater than what you were earning prior to the injury? Are you still experiencing a wage loss due to your injury? If it’s the first instance, then your workers’ compensation benefits will likely come to an end. However, if it’s the second situation, then you may continue to receive wage loss benefits, even if they’re for a lesser amount than they were before. Furthermore, you may wonder about how workers’ compensation varies from the Family Medical Leave Act (FMLA). The FMLA requires an employer to reinstate an employee to the same or similar position when they return to their previous job. However, workers’ compensation doesn’t carry the same requirements. This is, instead, a type of insurance that is regulated by state laws. Under these state laws, there is generally no requirement to reinstate after workers’ compensation leave. However, many states will make an employer offer rehabilitation and retraining services to those who have been injured on the job (FindLaw). If you have become injured on the job, you may have some questions for an experienced attorney. Workplace injuries are something that happen to many employees every year in the United States. This is why it is a necessity for your employer to carry workers’ compensation insurance. Enlist in the expertise that you need to receive the compensation that you deserve. For more information about specific work injury case, please contact Rawa Law Group. Remember the call is FREE and the consultation is FREE. There is no obligation, the most important is to make an educated decision. Call us FREE at 1-844-444-1400 Email us at info@rawa.com Works Cited: State of California. CA.Gov, 2013. Web. Accessed October 21, 2015. https://www.dir.ca.gov/dwc/MyClaimWasAccepted.htm Nolo. Nolo Law For All, 2015. Web. Accessed October 21, 2015. https://www.nolo.com/legal-encyclopedia/your-right-to-workers-comp-benefits-faq-29093.html FindLaw. Thosmon Reuters, 2015. Web. Accessed October 21, 2015. https://injury.findlaw.com/workers-compensation/workers-comp-benefits-and-returning-to-work.html