Workers’ Compensation Disability Benefits
State workers’ compensation laws were created to make sure that employees who were injured on the job had access to income and medical care quickly, without having to go through litigation. The system also helps prevent tension between workers and their employers, since it’s not necessary to establish who was at fault.
According to a report from the Congressional Research Service, injured and sick workers receive more than $60 billion in workers’ compensation benefits each year. That amount is split nearly evenly between cash benefits and medical expenses.
Unfortunately, workers’ compensation claims don’t always play out as smoothly as intended. That’s especially true in cases of permanent or long-term disability, or when medical expenses are large or will be ongoing. Despite the no-fault process, employers and insurance companies often want to minimize benefits to save money. So, it’s smart to get a knowledgeable professional on your side. An experienced local workers’ compensation attorney will be familiar with the tactics some employers and insurance carriers use to delay, reduce, or avoid paying workers’ compensation benefits.
Workers’ Compensation Claims
Who Qualifies for Workers’ Compensation Disability Benefits?
With very limited exceptions, anyone who is injured while doing their job is covered by workers’ compensation. Workers’ comp also covers occupational illnesses, such as lung disease caused by chemical exposure. Generally, workers’ compensation is available only to employees, not independent contractors. However, if you are an independent contractor who was injured on the job, it’s worth checking with a local workers’ compensation attorney–some workers classified as independent contractors are legally considered employees and may be eligible.
Eligibility for temporary or permanent disability benefits depends on a medical determination that the employee is unable to return to work. If the employee can work part time, or take on another position that pays less, partial disability benefits may be available.
How Does the Workers’ Compensation Process Work?
The process is slightly different from state to state. Generally, it starts with the injured employee making a report to their employer. In some states, the injury must be reported within a specific time frame, so it’s important to educate yourself about the process or secure the help of an experienced workers’ compensation attorney right away after you’ve been injured.
You may be able to choose a doctor from a list of approved workers’ compensation doctors, or you may be sent to a doctor. In states where you are assigned a doctor, you may have the right to change doctors.
If everyone is following the rules, your employer will get the ball rolling as soon as you report the injury. But, that doesn’t always happen, so it’s important to stay informed and make sure the process is moving forward.
During the process, the worker may have to push back on certain actions or determinations. For example, the employer and/or workers’ compensation carrier may:
- Try to push the employee back to work too soon
- Fail to provide alternative work that meets the employee’s restrictions
- Try to undervalue the claim and pay the employee too little
- Delay the process, leaving the injured worker temporarily without income
- Try to push through a low-ball settlement, often using injured workers’ anxieties against them
If you encounter one of these obstacles, it’s generally in your best interest to talk to an attorney right away.
How Long Does a Workers’ Compensation Claim Take?
There’s no standard timeline for workers’ compensation. The system was designed to work quickly, to ensure immediate access to medical care. Though timelines vary by state, workers’ compensation carriers are usually required to make an initial determination within a fairly short time. If that doesn’t happen, most states provide a process your attorney can use to push the claim forward.
Final settlement of a permanent disability claim can take significantly longer. Some states don’t allow settlement of these claims until the injured worker has recovered to the maximum extent possible. This helps protect the worker from getting stuck with unpaid medical bills or running out of money in a long-term or permanent disability situation.
Get the Help You Need Right Now
Information is power. A free initial consultation with an experienced workers’ compensation attorney in your area is the first step toward taking charge of your workers’ compensation disability claim.
You can get started right now. Just call (833) 315-6522 or fill out the contact form on this site.
