Workers’ compensation cares for workers hurt on the job or workers who catch a disease due to their job. It works like this: when workers are injured on the job, rather than file a lawsuit, they may file a claim for workers’ compensation (formerly known as “workman’s compensation”).
Workers’ comp was created to assist those sick or injured because of their job environment or work conditions. Unfortunately, workers’ compensation is often unfair to sick or injured workers. All employed Americans should strive to learn about the workers’ compensation system in their state. To win a claim, a worker really should hire a workers’ compensation attorney. A good workers’ comp lawyer has experience in his or her state, knows the ins and outs of the system, and can help you file your claim in a proper and timely fashion.
Normally, the benefits provided by workers’ comp comprise medical treatment and a portion of the worker’s wages in exchange for not filing a formal lawsuit (except in instances of excessive negligence). To qualify for workers’ compensation, you must meet two criteria: You must be employed by a company with workers’ compensation insurance, and you must be injured or contract an illness at work or through work-related duties.
Understanding Eligibility and When to File a Claim
Workers’ compensation coverage varies by state, but in general, it applies to injuries or illnesses that occur as a direct result of your job or work-related duties. More serious injuries that affect your ability to work are typically covered, while very minor issues treated with basic first aid may not qualify.
For example, a brief exposure to a substance that causes a mild, short-lived symptom may not be covered. However, repeated exposure that leads to ongoing health problems, such as frequent headaches or long-term illness, may qualify for a claim.
Certain situations are usually not covered by workers’ compensation, including injuries that happen while commuting to or from work, during personal breaks away from the job site, or as a result of fighting, horseplay, or drug and alcohol use.
If you believe you have a work-related injury or illness, it is important to act quickly. An experienced workers’ compensation attorney can help determine whether your situation qualifies, guide you through the filing process, and advocate for the benefits you may be entitled to receive.