When determining how long an employee can be on workers’ compensation, the exact amount of time depends on the specifics of each case. There is not a minimum amount of time that an employee can be on worker’s compensation. The general limit for how long benefits last is 104 weeks. This can vary by state and based on your situation.
Some injuries heal quickly, which will require less time on benefits. In other cases, you may develop a disability from your injuries. If this happens, there is no time limit to how long you can be on workers’ compensation benefits. There are varying levels of injuries and the ability to work that may influence how long you could be receiving workers’ compensation.
Criteria for Workers’ Compensation
To be eligible for workers’ compensation benefits, you must meet certain criteria. You are eligible for coverage from your first day on the job. You must also have been injured in a workplace accident. Proving negligence is not a criterion to receive workers’ compensation benefits. Injuries may be a result of a car accident, not fixing safety equipment, or having poorly maintained facilities.
According to the U.S. Department of Labor, workers’ compensation programs have to cover general areas of benefits, such as wage replacement. These areas also include medical benefits, which can cover treatment costs for your recovery. This can include bills for care providers that provide emergency and ongoing care, as well as getting treatment for mental health rehabilitation requirements.
In almost every state, employers are required to maintain coverage from a workers’ compensation insurance plan. The employer must also set up a method for you to report injuries to your employer so that they can notify the insurance company. Aside from that, employers must follow all rules and regulations to keep the workplace safe. Failing to do so can create liability for workplace injuries.
Settlement vs. Trial
When you file your claim, the insurance company will handle your case. This means that the insurance company may offer you a settlement agreement rather than letting your case go to trial. It gives them some measure of control over how much compensation they pay.
When you are offered the settlement agreement, review it carefully before you accept it. Many settlement agreements do not offer enough compensation to cover all your needs. Fortunately, you can renegotiate the settlement agreement until they provide enough compensation to handle your expenses. Before you sign anything with an insurance company, it is best to contact a worker compensation lawyer to help you make sense of things. Have a specialist by your side through the entire process as accepting an offer might limit your options in the future. Remember, if you accept the settlement offer, the insurance company will close the matter and you won’t be able to revisit it if your injuries cause ongoing or future expenses.
Understanding Your Rights
According to the National Safety Council (NSC), an employee gets hurt at work every seven seconds. If your injury happens while you are working, you may be able to take legal action to seek compensation. Your eligibility for workers’ compensation benefits depends on your case. The program can provide benefits if you meet specific criteria.
If you file a lawsuit or an insurance claim with your employer and the insurance company, there is a chance that you may be denied. If this happens, it can mean that the insurance company or your employer is saying that the accident was your fault. You have the right to challenge this rejection and argue your case further.
If the process continues, you may end up in front of a workers’ compensation judge to resolve your claims. If this happens, contact a law firm for legal support throughout the process and to help you to fight for the compensation you deserve.
Reasons to Hire a Lawyer
Workers’ compensation laws can be difficult to navigate in every state. They have developed over time as workers’ needs have changed. This can make the law codes somewhat complex and difficult to navigate unless you have legal training. Hiring a lawyer to represent you could make a difference in the outcome of your case.
Your case can involve negotiating with the insurance company and navigating the legal process. Both of these steps can be difficult on your own. Hiring a lawyer can help you receive the compensation that you deserve.
Speak to a Lawyer About Your Case
Depending on your injuries, you may be on workers’ compensation benefits for a long time. Alternatively, you may not be on workers’ compensation benefits enough to fully recover. If you would like help with receiving the benefits coverage that you need, discuss your case with a lawyer who can help you determine how long an employee can be on workers’ compensation benefits. Call the office of Ben Crump Law, PLLC at (800) 603-4224 to discuss your case in a free consultation.