To get all the compensation you are entitled to under workers’ comp, you need to understand how the system works. You may be eligible for workers’ compensation benefits if you sustain an injury or illness.
Worker’s compensation helps you get back on your feet after your injury. This article will highlight all you need to know about workers comp.
Let’s dive in.
Permanent Injury VS Temporary Injury
Throughout their working lives, many employees have done manual labor. The inability to stand or walk for any time after sustaining a knee injury can be heartbreaking.
The knee injury can either lead to permanent injury, which is related to long-term damage, or temporary injury, which recovers after some time.
It stands to reason that a temporary injury would be worth significantly less than a permanent one.
Illinois state law asserts that if you’re “totally disabled” (meaning you can’t do any employment due to your injuries), you’ll be entitled to get more money than if you’re “partially injured” (able to do less demanding tasks).
You must always consult a knowledgeable workers’ compensation attorney to ensure you are compensated for what you deserve.
What does Worker’s Compensation involve?
Workers’ compensation is a legal framework established by states to compensate workers who are injured on the job and shield businesses from lawsuits filed by their injured workers.
Employees who have a work-related accident or sickness are eligible for compensation for lost wages and medical bills under the workers’ compensation system.
Employees waive their legal rights to sue their bosses for injuries sustained on the job in exchange for these benefits. Workers’ comp regulations might range greatly between states, so it’s crucial to be informed about the legislation in your local location.
A worker’s compensation claim can be filed in any state, but the requirements for filing a claim, the categories of benefits offered, and the procedure for filing a claim all share many commonalities.
How much Compensation should you Expect?
Different states have different benefit structures, but generally speaking, you should expect to get two-thirds of your former weekly salary in benefits, up to a weekly ceiling. Further, medical expenses may be covered by workers’ compensation benefits.
How much and for how long you’ll get paid in workers’ comp depends on various things. The main factors include the following:
1. Compensation for Medical Bills
The cost of your medical bills guides the amount of compensation you are entitled to. These bills include the travel expenses to and from the healthcare facility and treatments.
Remember to keep receipts of any such expenses you incur, and you will be able to claim reimbursement.
2. Amount of Wages Lost
When you are incapacitated and cannot earn a living for that period, you are compensated for the wages you would have earned if you were healthy.
The weekly salaries you lose during injury determine the compensation amount.
3. Emotional and Mental Distress
When you’re injured, you are affected physically and mentally. You could claim more compensation if you endured severe mental trauma due to the injury.
The determination of the amount of compensation would be easier with the help of a competent law firm.
Prerequisites for a Successful Workers’ Compensation Claim
You must disclose your injuries and file your workers’ compensation claim within your state’s allotted timeframe to get workers’ compensation benefits. According to Illinois legislation, you get three years from the accident date to submit your compensation claim.
Every one of the following is required as well:
1. You need to be an employee to apply
Workers’ compensation exists to help people who get hurt on the job. People who are not workers, such as volunteers and independent contractors, are not covered.
Nonetheless, don’t assume that the label “independent contractor” describes your relationship with your clients.
In the eyes of the law, whether a worker is considered an employee or an independent contractor often depends less on how they are labeled or how they will be classified for tax reasons but on how much influence and value they offer to a business.
2. Your illness or injury must be the direct result of your job
To be eligible for workers’ compensation benefits, your injury must be “job related.” In most cases, a work-related injury or illness occurs while doing duties in the interest of one’s employer.
The accident can happen anywhere, including at home, but it has to happen while you’re working.
In most cases, an injury is not deemed work-related if:
- It occurred during lunch unless you were hurt while eating lunch on the business property.
- The injury occurred during your transit to or from work unless you were driving the company vehicle or performing tasks for your boss.
3. Worker’s Compensation Insurance is a Legal Requirement for Your Employer
Most states mandate that businesses have workers’ compensation insurance, while some do not. For example, relatively small firms (from two and five employees, based on the jurisdiction) are not obliged to issue workers’ compensation in several states.
There are a few states that exempt nonprofits from having to have workers’ comp insurance. Private companies can only opt out of providing workers’ compensation insurance to their employees in Texas.
You can sue your boss in civil court for negligence if you get hurt on the job and they don’t have workers’ compensation insurance when it’s required by law in your state.
Looking to hire a Worker’s Compensation Attorney?
Even though some claims for workers’ compensation are quick and easy to resolve, most are drawn-out legal battles.
An attorney specializing in workers’ compensation law can advise you on your options, help you keep track of important dates, and represent you in the appeals process.
Hiring a law firm will save you the hustle of contacting experts who can prove your injury’s extent. The legal process will be less complicated, and you won’t have to worry about all the important legal details that can make all the difference.
It won’t affect your pocket to consult with a lawyer who specializes in workers’ compensation claims.
Suppose your workers’ compensation lawsuit is successful. In that case, your attorney will take a percentage of your settlement, and if it is unsuccessful, they will take no fee (or only case-related expenses).
Overall, hiring an attorney is your best bet to get your compensation. Thankfully, WIN Injury Network has lawyers in their network who handle work injury claims.