Who Can Recover Workers' Compensation Benefits?

Workers' compensation benefits are a type of no-fault benefit. Consequently, to recover these benefits, an injured or ill worker does not have to prove fault on the part of someone else. To qualify for benefits, the worker must ordinarily have suffered an occupational injury or illness within the scope of their employment. In other words, they must have suffered their injury or illness while working or performing a job-related function. In most circumstances, workers are not eligible for workers' compensation benefits if they suffer injuries in a motor vehicle accident while traveling to or coming from work. In fact, if your employer’s insurance company believes you did not suffer your injury while on the job, it will likely dispute the claim. Sometimes, your attorney can challenge that claim denial and file an appeal. However, these disputes may cause significant delays in resolving your workers’ compensation claim. Workers eligible to file a claim can recover several different types of benefits. First, they may recover the costs of their related medical treatment expenses and a portion of their lost earnings. These benefits can help because medical treatment bills can mount up quickly. Moreover, when a worker suffers a severe injury or illness, they may need to miss a significant amount of work to attend medical visits and recover from their condition. In addition, injured workers may receive vocational rehabilitation benefits if their injury or illness prevents them from returning to their former job or occupation. Injured workers can also recover a variety of permanency benefits. To recover a permanent partial disability (PPD) benefit, the worker must have suffered a permanent injury, such as a head injury, spinal cord injury, soft tissue injury, or paralysis injury, that is unlikely to get better over time. A medical provider must determine that the worker suffered a permanent injury. Providers will then usually express their permanency rating as a percentage impairment. For example, a worker may suffer a 10 percent impairment to their neck or back due to their workplace injury. The percentage that a medical provider assigns as a permanency rating translates into a certain number of weeks of monetary benefits for the injured worker. The injured worker and the employer's insurance company may reach a settlement regarding permanency cases. In other words, they may agree on a percentage impairment to an injured body part. Alternatively, the insurance company may offer the injured worker a lump sum settlement. However, never accept one of these settlements unless a lawyer reviews it because they often fail to adequately compensate injured workers for all their past and anticipated medical complications. Moreover, if a worker accepts a lump sum settlement to resolve their workers' compensation claim, the case closes, and they cannot reopen their case if their medical condition worsens over time. A skilled workers' compensation attorney in your area can help you maximize the benefits you recover as part of your claim, answer all your questions, and help you make informed and intelligent decisions throughout your case.

Why You Need Legal Help?

After a work injury, always consult with a workers’ comp attorney. Consultations are free, and the lawyer will evaluate your situation and legal options with no risk to you. If you do not seek a legal evaluation, you might: Struggle to receive the full workers’ compensation benefits you deserve Accept a lump sum payment that does not cover your future expenses and treatment Fail to realize you have the right to file a third-party claim When you have injuries, you should never have to worry about your legal rights. Leave this in the hands of a skilled attorney.

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