Workers' Compensation

10 FAQs About Workers’ Compensation – Understanding Your Rights

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Accidents happen, and accidents at work are even more commonplace than you could even imagine. Because of this, every state is required to get and maintain workers' compensation insurance for the health, wellness, and protection of you, the employee.

To assist in preventing injuries and accidents in the workplace, it's essential for employers to create a healthy and safe work environment. But even with all the right precautions in place, accidents can still happen. 

Have you been injured at your workplace and need information on how to proceed to get your righteous compensation benefits? Bykhovsky Law LLC has put together some information to help you understand workers compensation. So continue on reading to learn about your rights and what you need to do immediately after. 

FAQS OF INTEREST

1. Q: What Is Worker's Compensation Insurance?

A: Workers' compensation insurance delivers wage and medical benefits to employees who've taken ill due to repetitive work duties or are injured on the job. Worker's comp is mandated by each state, but with varying laws. Because worker's comp relies on a social contract between labor and management, it's regarded as a social insurance. By investing in workers' comp insurance, employers are provided protection from injured employees as well as civil suits. 

Workers' compensation also provides death benefits to the families of staff fatally injured on the job.

2. Q: Why Should I Understand My Rights? 

A: Being injured at work can be stressful, and knowing and understanding your rights can make the difference from a smooth, stress-free claims process to a complicated, stressful mess. Knowing your state's labor laws and what your obligations are can ensure that you've covered all of your bases, which is crucial.

Bykhovsky Law is extensively experienced representing workers who have been injured on the job, and prioritizes what's in the best interest of their client, the injured worker.

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3. Q: Are All State Workers Compensation Laws the Same?

A: No, workers' compensation rights laws vary depending on your state and your job type, as guidelines may differ for freelancers and independent contractors. However, some specified workers' compensation rights are global and are applicable for most employees.

4. Q: I was Injured While Out On a Delivery - Can I Still File a Claim?

A: You have a right to file a claim for your injury or illness when it happens during the course of your work. This also includes job-related injuries when away from the office, but still work related. For instance, remote working, making deliveries, or even on a business trip for work, you may also file your claim via your employer. 

5. Q: What About Treatment for My Injury?

A: You should absolutely seek treatment for your work injury as soon as possible, it's in your best interest. Though, it's always better to notify your boss of your injury first.

6. Q: Why Should I Tell My Boss First?

A: It is required that you inform your employer of your injury or illness. You should also document everything in relation to your injury or illness from beginning to end.

Additionally, documenting everything is essential in getting a medical opinion

7. Q: What About Medical Costs and Wages?

A: Your worker's compensation benefit should cover your medical expenses once it has been approved. This is why you inform your employer, so that you can file your worker's comp claim and, if applicable, you will be required to see an approved physician. 

Workers' comp will normally insure any referred therapy needed following your injury, including some lost wages from missed work.

8. Q: Can I Return to Work?

A: You may return to work once you've been medically approved to do so. In some instances, you may be medically released to return to work, but with conditions. Sometimes this requires a switch in position and duties.

9. Q: What About Disability Compensation?

A: If your injury keeps you from working, either on a temporary or permanent basis, you may be entitled to disability compensation, as you have the right to be compensated for your work injury due to these circumstances.

10. Q: Can I Appeal An Unfavorable Decision?

A: Keep in mind that it is quite possible that the insurance company, your employer, or maybe even the workers' compensation court may either refuse or challenge your claim. If you happen to run into this situation, you have every right to appeal the decision. If you haven't had a lawyer throughout the process, you might want to consider getting legal representation now

CONCLUSION

If you've been injured on the job, and you're wondering if your situation qualifies for a worker's compensation claim, or if you just need more information about the topic, contact us today to get a free consultation.

We look forward to working with you to make sure that you get the compensation that you deserve.

In the meantime, take a look at some of our helpful articles in our blog over here.