|
Workers' Compensation FAQs
What is workers' compensation?
What kinds of injuries are covered under workers' compensation law?
My employer and I disagree about my workers' compensation benefits.
What can I do?
I was injured on the job, but the injury was caused by someone with
no connection to my employer. What are my rights?
If an employee is receiving workers' compensation benefits, but
returns to work, does the employee still get to receive benefits?
Under a no-fault system, can an employee recover workers'
compensation benefits, no matter what he or she did to cause the injury?
What are my employer's responsibilities under workers' compensation
laws?
My spouse was killed on the job. Is that a workers' compensation
claim or a wrongful death claim?
I was walking to work and got hurt during a fall, before arriving?
Because I was on my way to work wouldn't that be a workers' compensation claim?
Do I need an attorney?
What is workers' compensation?
Workers' compensation laws allow workers who are injured in the course of their
employment to be compensated for their injuries without having to resort to a
traditional lawsuit, or court proceedings.
Back to Top
What kinds of injuries are covered under workers'
compensation law?
Almost any kind of physical injury or disease is covered by workers'
compensation. An injury or condition you already had will not qualify, unless it
was aggravated or made worse on the job.
Back to Top
My employer and I disagree about my workers' compensation
benefits. What can I do?
Workers' compensation laws provide an opportunity for a hearing if you and your
employer, or your employer's insurer cannot resolve a dispute. While it is not
required, it is a good idea to be represented by an attorney at this hearing. Contact
Ted A. Greve & Associates, P.A today to discuss your claim.
Back to Top
I was injured on the job, but the injury was caused by
someone with no connection to my employer. What are my rights?
You still have the right to receive workers' compensation benefits. In addition,
you may be able to bring a separate lawsuit against the party who caused your
injuries.
Back to Top
If an employee is receiving workers' compensation
benefits, but returns to work, does the employee still get to receive benefits?
The answer to this question is "maybe." If returning to work enables
the employee to receive wages equal to or greater than he or she was earning
before the injury, then it is likely benefits will be stopped. If, however, the
employee is still experiencing a wage loss due to the on-the-job injury, he or
she may continue to receive wage loss benefits.
Back to Top
Under a no-fault system, can an employee recover workers'
compensation benefits, no matter what he or she did to cause the injury?
No. Although most injuries are covered by workers' compensation, that does not
mean that employees have free reign to injure themselves, or act in any manner
in which they choose, and then collect benefits.
Back to Top
What are my employer's responsibilities under workers'
compensation laws?
Employers are required to purchase insurance for their employees from a workers'
compensation insurance carrier if, for the most part, they have 3 or more
employees. When a worker is injured, a claim is filed with the insurance
company, who pays medical and disability benefits according to a state-approved
formula. Unless they fall within limited, exempt categories, employers without
workers' compensation insurance are subject to fines, criminal prosecution, and
civil liability.
Back to Top
My spouse was killed on the job. Is that a workers'
compensation claim or a wrongful death claim?
This would likely fall under workers' compensation laws, as the benefits paid
would be from the workers' compensation insurance afforded by your spouses'
employer.
Back to Top
I was walking to work and got hurt during a fall, before
arriving? Because I was on my way to work wouldn't that be a workers'
compensation claim?
It is unlikely. Normally, the workers' compensation act only applies when an
injury arises out of and in the course of employment. Getting to and from work
would not be covered in most cases.
Back to Top
Do I need an attorney?
You have the right to be represented by an attorney of your choice concerning
your work-related injury. Your attorney will assist you in seeing that your
benefits are properly protected. An experienced workers' compensation attorney
will represent your employer and you should have an experienced attorney
representing you. Contact us today.
Back to Top
For more information, visit our page on Workers' Compensation.
< Back to Questions and Answers
|
