Suffering from a workplace accident can be detrimental to person’s financial stability. Depending on the severity of the injury sustained during the accident, it can take weeks or even months before a person can go back to work or find another job to be able to provide for themselves and their family. It is the responsibility of your employer to have workers’ compensation insurance in case of any injury sustained inside the workplace or while doing your job for your employer, however, as an employee it is also good to know what you’re entitled to in case of a work-related accident.
Although the benefits that an employee is entitled to differ from state to state, there are benefits that are almost universal to all jurisdictions, and it is best to understand what these benefits are to be able to fully utilize them in case of a work-related injury.
The following benefits are pretty much a given across all the states:
1. Medical Care. – An injured employee is entitled to the required medical care to cure or relieve the results of a work-related injury. Medical bills, prescribed medicine, and even transportation cost to the hospital are included in this benefit. For some workers’ compensation insurance, the injured employee may have to see the company doctor for thirty days before being allowed to choose a doctor of their own.
2. Temporary Disability. – Depending on the employee’s injury, he or she may have to take some time off work to recuperate and heal as a result of the work-related accident. In this case, the employee may be entitled to temporary disability payments. This means that the injured employee would receive partial compensation for lost wages; usually paid out every two weeks, the amount that the employee would receive may vary but generally it is worth two-thirds of the employee’s average weekly gross pay. The injured employee should receive the temporary disability check soon after a doctor has verified that he or she would be unable to work. A few examples of a temporary disability are broken limbs, hand injuries, or other short term impairments that the employee would recover from after a certain period of time.
3. Permanent Disability. – Unlike the temporary disability benefit, permanent disability means that the injured employee no longer has or has a significantly lessened ability to compete for a job. The compensation that the injured employee is entitled to depends on a variety of factors. The following are considered when calculating for permanent disability compensation: the injury’s impact to the person’s ability to work, the employee’s age, the employee’s position/occupation, and his or her salary/wage at the time of the accident. Another significant factor that is considered is whether the work-related accident caused a partial or permanent disability. A few examples of permanent disability are severe back/spinal injury, carpal tunnel syndrome, amputation, hearing loss, and visual damage.
4. Vocational Rehabilitation. – Depending on the coverage of your employer’s workers’ compensation insurance, a vocational rehabilitation may be included. This benefit pertains to your employer giving you assistance to look for another suitable job for you after your injury. During vocational rehabilitation, a partial compensation is given, similar to temporary disability. This benefit usually has a ceiling financial cap and can be replaced by your employer with a modified or different work on their business.
Workplace accidents and work-related injuries can happen to anyone and knowing what you’re entitled to can be great help in your recovery; however, there are instances where the process of claiming the benefits doesn’t go very well. In times like these, it’s best to consult with an experienced lawyer to help you with your claim.
Here’s a list of things you should remember if you have suffered a work-related injury. You can also contact Hogan Injury for expert legal advice.
None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information.