What You Need to Know About Workmans Comp

Workers Compensation | Workers Compensation
June 18, 2022
workmans comp

Work accidents and illnesses are among the most common causes of workmans comp claims. An injured worker is more likely to file a claim, whether it’s a slip-and-fall, a forklift accident, or a long-term illness sustained from your work environment. Fortunately, most claims are covered under the workmans comp statutes. These laws provide reasonable compensation for injuries suffered at work, and they do it fairly and equitably. If you have an injury, you need to know what you can expect from your claim. Here’s what you need to know about workmans comp.

List of Contents

What is Workmans Comp?

Workmans comp is a type of insurance that employers purchase to cover their workers in an on-the-job accident or work-related illness. This type of insurance covers both medical expenses and lost wages, which are very helpful when someone can’t work due to injury or illness.

How Do You File a Claim?

Workmans comp claims can be filed with the State Workers’ Compensation Board. This is an administrative body with authority over all workmans comp claims in the state. Every claim is categorized as either a medical-only claim, or a more severe injury. If your injury falls into the more severe category, you must submit a form that includes information about your injury and types of injuries sustained at work.

Medical-only claims usually require less paperwork and are easier to file because they don’t involve serious injuries. Medical-only claims are typically granted on the same day they are filed. Second, what do you need to know when filing? Your employer will be contacted by the board and given notice of your intent to file for workmans comp benefits

How Long Does It Take?

The time it takes to process a workmans comp claim varies. Sometimes, claims are settled quickly as the employer and employee have an easy agreement. Other times, there are disagreements about what should be covered or how much should be paid, which can lead to lengthy negotiations or litigation. On average, a workmans comp claim may take about 6 months to resolve.

How Much Does a Claim Cost?

Workmans comp claims are usually handled under state law. If a worker has an injury, the claim will be handled by the state’s department of labor or a designated agency. The claim will follow the state’s statute on how much is paid out for injuries sustained at work. Some states will also cover non-economic damages, like pain and suffering. In some cases, workers may need to undergo rehabilitation or other services that aren’t available in their state.

The workmans comp statute should specify what the employer needs to provide. Unfortunately, there are some instances where a worker might not be able to recover any compensation from their employer because they weren’t injured at work. This is often the case when it comes to car accidents during lunch hour or when an employee injures themselves off-site during business hours. Your employer may also have a self-insurance program that covers injuries and doesn’t involve filing a claim with the state’s department of labor.

What Can You Receive With Your Claim?

Workmans comp statutes provide three types of benefits to injured employees:

-Temporary total disability benefits: This provides you with a percentage of your wages while you are unable to work due to the injury.

-Temporary partial disability benefits: These payments are made once your doctors determine that you can return to work in some capacity, but not at full capacity. This is typically 50 percent of your pre-injury wage for most workers, and 75 percent for law enforcement officers.

-Permanent partial disability (PPI) payments: These are paid when it has been determined that you have suffered from an impairment that will prevent you from returning to work at full capacity.

A majority of states also offer vocational rehabilitation to help injured employees return to the workforce. An injured worker may also qualify for medical treatment under the state’s no-fault provision if they suffer an injury due to someone else’s negligence and their employer doesn’t offer it or they do but they don’t want it. For example, if your company offers first aid coverage and you have a sprained ankle, you would be covered by your employer’s plan but if they denied the claim or said that a doctor wasn’t necessary then you could get reimbursed for medical expenses through No Fault Coverage after the fact.

Bottom line

If you have an injury at work, you need to know what you can expect from your claim. If you are injured on the job, certain steps typically happen. First, your employer needs to report the accident or the occupational illness to their workmans comp insurer. Then the insurer will investigate your injury and determine if it qualifies as one covered under worker’s compensation laws. It’s also important to note that in some cases, your insurance company may decide not to provide benefits. For example, if they don’t believe it is a work-related injury, they might refuse coverage.

In some cases though, like auto accidents or incidents related to criminal activity, workmans comp doesn’t apply. These types of injuries and accidents can be handled with traditional car insurance or third-party liability claims respectively. Bottom line: If you have an injury at work and want coverage from workmans comp laws, there are certain steps that typically happen before you get reimbursed for medical bills and lost wages due to time missed from work.

Marlowe Law Can Help

If you have any further questions about workmans comp, please reach out to us today. We look forward to doing everything we can to help you get the compensation and service you deserve.