Workers’ compensation does not pay your full salary. It is only designed to provide financial relief for workers’ injuries at work, not to replace their full salary. The amount that you are paid if you qualify for weekly payments depends on several factors. Each state has its own guidelines to determine how much your payments will be. There are no states that allow for workers’ compensation to pay your full salary.
Workers’ compensation offers a variety of benefits that can cover some of your needs. While you may not receive a salary worth of payments, some of your related expenses can be covered. This includes medical expenses, which can put a strain on your finances.
Workers’ Compensation Programs Can Differ
The laws governing workers’ compensation vary from state to state. There is a federal program that only applies to federal workers, but it does not govern how workers’ compensation is handled by the individual states. Because of this, the laws are similar but not consistent across the country.
There is also variation in who provides benefits for workers’ compensation programs. In some states, insurance companies offer workers’ compensation by selling plans to employers. Other states have stage-managed programs that are funded through taxes. Regardless of how the program is run, you have the right to file a claim for workers’ compensation benefits if you are injured on the job because of your employer’s negligence.
Types of Workers’ Compensation Benefits
According to the U.S. Department of Labor, there are several types of workers compensation benefits you can claim. Medical costs for treatment is one of the first things that many injured workers claim. You can file a claim for these medical expenses, which can help you pay off your medical debt so that it will be a burden on your finances.
You can also file a claim for wage replacement. If you are out of work for a while, you will be able to earn your normal wages. Workers’ compensation programs give you the chance to qualify for wage replacements, which you can receive in weekly installments or larger payments. That way, your normal finances will not be affected as deeply as if you were not working.
If your injury requires specialized care to recover, that may be covered as well. Some workers’ compensation programs can cover services such as vocational therapy or rehab services. That way, you have the support that you need to fully recover and be able to work again.
Process of Claiming Workers’ Compensation Benefits
The process of claiming workers’ compensation benefits is similar in each state. It begins when you seek medical treatment for your injury. Once that is done, report your injury to your employer. Every employer is required to maintain a way of documenting injuries and filing claims with workers’ compensation programs.
Your claim is sent to the oversight agency for the state and the insurance company, depending on the requirements. Some programs have a set amount of time to respond to your claims. If the claim is approved, you can start collecting benefits. Otherwise, you may file an appeal. The appeal process works just like a civil lawsuit. The claim is sent to a judge for review, and you can argue your case in court. In some states, the judge’s decision is final.
Understanding Your Rights
If you are injured while working as a result of your employer’s negligence, you have the right to file a claim for workers’ compensation benefits. Your employer may be held liable for your injuries and losses. Throughout the process, you have the right to consult a lawyer to help you protect your interests. You have a specific amount of time to respond to the claim. If that time lapses, you can take legal action to address the situation. A lawyer can help you navigate the system in a way where you may not have to take legal action aside from filing a claim or an appeal.
Seeking Legal Action
If you file a claim that is denied, you may have the right to file an appeal. How this process can work depends on which state you live. If you need to go to court, the ruling from the judge may be final and you want your interests and rights are protected in the process, so it could be beneficial to have a lawyer represent you.
Contact Us to Schedule a No-Risk Consultation
You do not have to deal with your workers’ compensation cases on your own. You have the right to involve a lawyer at any stage of the process. Although workers’ compensation does not pay your full salary, you can receive other benefits that can make it worth pursuing. Contact the offices of Ben Crump Law, PLLC at (800) 603-4224 to discuss your case with our team.