Workers’ compensation, a government-mandated program, protects employees who get sick or injured due to their work. You have a legal right to claim compensation if you’re injured in the workplace. Some employers can fight your workers’ compensation claim or even deny it. This is a common issue, and if you aren’t careful, you can get less than you deserve or receive nothing at all.
Educating yourself about workers’ compensation claims can help you learn how to navigate the process while raising your winning chances. Discussed below are four things to know about workers’ compensation claims.
1. Workers’ compensation laws differ by state
Workers’ compensation programs are managed by state governments, meaning the laws and regulations are designed to match local requirements. There can be remarkable differences in the benefits the program covers, premium calculation, and claim process. Since navigating workers’ comp laws can be challenging, hiring a skilled attorney experienced in cases like yours can come in handy. Before settling for a worker’s compensation lawyer, look at what clients say about them and their success rates. Through their expertise, you can boost your winning chances while maximizing compensation.
2. Workers’ compensation claim eligibility
You have no legal right to file a workers’ compensation claim unless you’re an eligible candidate. You must meet the set eligibility criteria before filing your claim. To qualify for workers’ compensation:
- You must be an employee: With the help of a workers’ compensation lawyer, you can determine if you’re an employee as stipulated by law
- Your employer must have workers’ compensation insurance: Most employers are legally required to possess workers’ compensation coverage. While state laws differ, an employer’s duty to offer coverage depends on the number of employees they have, the kind of work employees do, and the type of business they’re involved in
- Your injury must be work-related: If you were injured or got sick when working for the company, then you qualify for workers’ compensation
Note that you might meet these requirements and still not have the right to file a workers’ compensation claim. You may be ineligible if you fall under the exempt workers’ category, which includes:
- Farm and agricultural workers
- Domestic workers
- Seasonal or casual workers
- Loaned or leased employees
- Undocumented workers
3. Workers’ compensation claims statute of limitations
Workers’ compensation claims must be filed within a specific time limit to keep them from being denied. The time frame for filing your claim may vary depending on your state. The statute of limitations for workers’ compensation claims may also vary based on the nature of the claim. Depending on your state, you may have a shorter timeline for alerting your employer about your workplace injury, which typically ranges between 30 to 60 days or less. Failure to adhere to your state’s statute of limitations robs you of the right to file your workers’ compensation claim.
4. Workers’ compensation benefits
Workers’ compensation benefits cater to expenses associated with lost wages, medical care, and other costs related to your injury recovery. These benefits don’t cater to the pain and suffering you may experience. If you’re unable to work due to a work-related disability, you can get compensated for:
- Total disability
- Permanent disability
- Temporary disability
Understanding workers’ compensation claims can help boost your chances for more benefits. Familiarize yourself with what to know about workers’ compensation to better your winning chances.