6 Things You Don’t Know About Workers Compensation
In the United States, all employers must obtain workers’ compensation insurance, with the exception of a few states. This form of coverage is utilized if an employee incurs an injury or death while on the job. Under this insurance, medical bills and lost wages are covered.
With 10 major construction accidents occurring specifically in the Bronx every year—from falling from scaffolds and slips and falls to exposure to toxic chemicals—workers in this sector remain vulnerable to physical harm. Contacting a trusted construction accident attorney in Bronx for legal counsel when a construction accident occurs is important. Statistics indicate that worksite injuries have increased by 221% in NYC over the past five years.
Workers compensation lawyers play a crucial role in protecting the rights of employees who have been injured or become ill on the job. Their expertise ensures that workers receive fair compensation and benefits to cover medical expenses, lost wages, and rehabilitation costs. These specialized attorneys navigate the complex legal process, advocating for their clients against employers and insurance companies to secure just settlements or favorable court rulings. By representing injured workers, workers’ compensation lawyers contribute to maintaining workplace safety standards and holding negligent parties accountable. Their efforts provide essential support for workers during challenging times, promoting a safer and more equitable work environment.This article aims to provide you with the six key things you do not know about worker’s compensation so you will be adequately informed during the legal process.
Taking Legal Action Cannot Lead to Your Employer Firing You
Workplace injuries may cause you to worry about filing a workers’ compensation claim for fear that it will lead to your employment being terminated. However, state and federal laws protect individuals from being terminated simply for making such claims. Firing someone due to a workers’ compensation claim could work in favor of the plaintiff’s case.
Having to Prove Your Employer’s Fault isn’t Necessary
When filing a workers’ compensation claim, many people are concerned that they must prove fault on behalf of their employer. Fortunately, this is not the case. No-fault insurance, like workers’ compensation, allows you to receive medical coverage and payments for lost wages regardless of who was at fault.
You only need to prove that the injury occurred in the workplace and that you followed best practices when the accident happened. Workers’ compensation ensures your injury doesn’t compromise your financial security, so you don’t have to worry about your employer.
Income After Recovery is not Guaranteed
Although workers’ compensation should provide a steady income after you have recovered from an injury, this is not necessarily the case in all states. Some states may only reimburse costs directly related to your injury and do not offer any additional income beyond recovery. This means that your salary may be significantly less than pre-injury levels even if you can return to work and resume duties.
You May Be Denied a Claim
Employers in most states are legally required to provide workers’ compensation coverage, though only some workers always have access to it. In certain cases, companies can deny claims if they believe the employee partially caused the injury; for instance, when an employee attempts to complete a task with improper equipment or during overtime.
Additionally, pre-existing medical conditions could be grounds for denial. When this happens, you’ll receive a letter outlining why your claim was denied. It’s important to consider these factors when filing for a claim.
You Can Only Receive a Certain Amount
Your state might set a cap on your total reimbursement. It’s possible to receive partial payments, depending on your state’s specific rules. You may receive a set amount per week, year, or even throughout your life. For instance, if you sustain an injury at work that requires a payment of $1,000 for three weeks, you would get paid $3,000 in total and no more until you get better or until no further treatment is required.
Injury Reporting is still Required
Your employer is required by law to report any medical expenses incurred due to a workplace injury to the state. This enables them to keep track of total expenses and provide you with proper benefit calculations. The state uses your information to calculate your entitlement under the particular act.
Conclusion
Finally, being informed about your rights and entitlements under workers’ compensation is important. Knowing the due dates for filing a claim and the available benefits can help make the process uncomplicated and ensure that you receive appropriate compensation if you suffer an injury or illness while at work.