It’s not uncommon to have an injury while on the job, take a few days off, and then be ready to return. A company may help you find a new position inside the company, or they may be able to make adjustments so that you can revert to your old job, even though you were laid off.
But other injuries might be so devastating that they keep you out of the workforce for months, years, or even forever. Workers’ compensation insurance compensates those who sustain such injuries during work.
Worker’s compensation pays for the following:
- Medication.
- Loss of income because of medical leave.
- Ongoing therapy and medical care.
- Funeral expenses.
Families of workers who have tragically lost their lives are also eligible to receive benefits from workers’ compensation.
If you have an injury on the job and your company does not provide workers’ compensation insurance, you may sue them for damages. You may hire workers’ compensation lawyers and initiate legal action against the company in the event of such a situation.
If you get hurt on the job, it is the responsibility of the company’s workers’ compensation policy to pay for medical expenses. You should not file workers’ compensation claims if your injuries are not work-related.
Workers’ compensation durations differ. The type of workers’ compensation impairment an employee has often determines the extent of this variation.
Categories of Worker Disability
There are categories of worker disability which include:
Temporary total disability. This category of disability is granted when you are too sick or injured to work daily, but your injury is not permanent. Consider a scenario where you break your back while doing your work. Then you require a month of recovery after consulting a doctor to resume normal activities.
Temporary partial disability. This type of disability is given when you have an injury that allows you to execute some job duties.
For instance, you break your leg because you slipped while sweeping the floor. Here, going back to work is a feasible choice. However, while the leg is healing, you will be limited in the tasks you can execute.
Permanent total disability. A worker who suffers a permanent injury on the job may qualify for this disability. For example, if you have damage that results in the permanent loss of one of your limbs.
Permanent partial disability. A permanent injury can result in this form of disability, which can hinder a person’s capacity to work. For example, if you have a knee injury on the job. Because of this, you are hampered in your mobility but are otherwise functional.
Worker’s Compensation Time Period
There are time limits in place in some jurisdictions that dictate how long an injured employee can get temporary compensation. Three to seven years is the standard period.
While temporary disability payments may have a cap, permanent disability benefits do not. However, in a few jurisdictions, workers’ weekly benefits are terminated after they reach age 65.
You should also know that not all states offer benefits for permanent partial disability. In Chicago, an injured worker who has an impairment or disability but can work in some capacity is entitled to permanent partial disability compensation.
Employees can collect workers’ compensation benefits for absences lasting 21 days or more. Payments for total disability and partial disability are available from the workers’ compensation insurance company once benefits begin.
The facts, relevant data, and presentation of your case will largely determine your compensation’s monetary amounts and duration. You should seek the advice of a competent personal injury lawyer who is experienced in workers’ compensation law to ensure that you receive all benefits to which you are entitled.
Disability Rating Scale in Workers’ Compensation
Independent professionals carry out medical impairment rating. These experts complete the ratings during an appointment referred to as an Impairment Rating Evaluation.
The scale assigns a score ranging from zero to hundred percent. A worker’s degree of impairment is measured using this % scale. It also facilitates communication between the employee, the employer, and the workers’ compensation insurer.
The extent of the worker’s on-the-job injury must be made clear. The scale shows to what extent the injury will prevent them from doing their job.
A large impairment percentage indicates that the employee is more disabled. Simply put, the injured worker has reached a point of no further medical improvement.
This evaluation is critical in deciding whether or not employees can return to their jobs. Partially abled workers, for instance, are frequently given lower scores. So they will be able to go back to work soon.
Workers who have been injured can use the rating to claim benefits. However, each state has its impairment guidelines and laws.
What is the maximum period for claiming assistance if my disabilities are severe?
Permanent total disability may be granted in cases of severe injury. You and your attorney must show the judge that you can’t even perform light part-time labor.
If you are found to be permanently disabled, your benefits may last until you turn 75 years old or till there is compelling proof that you can work again in some capacity. You should be able to get Social Security Disability if your disability meets or exceeds this threshold.
Can an Insurance Company be Negotiated With Regarding Workers’ Comp Settlements?
Instead of collecting workers’ comp payments over a long period (months, years, maybe even decades), you can settle with the insurance company for a lump sum if you’ve been injured on the job.
Legally, this is complex, but catastrophic injuries can often work out for the best of everyone involved, including the insurance company. A professional assessment is required, and this matter’s scope extends beyond typical workers’ compensation hearings.
Your workers’ compensation attorney should reach a settlement that provides adequately for you and your family in the long run. Do not settle for anything less.
Remember that, in addition to the usual living expenditures, you may now have to pay much more for things like medical care, rehabilitation, and possibly even transportation.
Bottom Line
It is always good to consult competent professionals to help you get the worker compensation you deserve.
WIN Injury Network offers free injury case reviews together with medical attention, legal counsel, and financial assistance to anyone who needs it. Every member of our injury network—doctors, lawyers, and insurance experts—has vast knowledge and a track record of success in handling the complexity of personal and employment accident claims.