Most of us are at least vaguely aware that workers’ compensation exists, even if we don’t understand exactly how it works. Put simply, workers’ compensation is a form of insurance held by employers to protect their employees in the event of an accident or injury in the workplace.
Workers’ comp will ostensibly cover you for costs related to any injury you sustain on the job site, regardless of who is at fault or how the injury occurs. However, in exchange for accepting the settlement, you’ll waive your right to file any legal action against your employer. That’s one reason why it’s so important to work with a workers’ comp attorney; it’s not always in your best interests to take the workers’ comp settlement immediately.
This form of insurance is legally required in nearly all states, and even in states where it is not required, most employers still have it. Accordingly, if you’re an employee, you’re probably protected by workers’ comp, even if you’re not aware of it.
So what exactly does workers’ comp cover and what does it not cover? And how can you take full advantage of this system?
What Does Workers’ Comp Typically Cover?
Remember, workers’ comp is going to cover any injury you sustain on the job site, regardless of the conditions or circumstances of that injury. In most cases, this insurance will cover things like:
- Medical expenses. First and foremost, workers’ comp will cover expenses related to your medical needs and initial recovery. It will cover your hospital bills, the cost of your prescription medications, appointment expenses, and more. If it’s necessary to facilitate your recovery, it’s likely going to be covered.
- Lost wages. You may be surprised to learn that workers’ comp also covers lost wages that stem from the injury or accident. If you’re rendered unable to work as a result of the injury, you’ll be eligible to have your wages replaced by workers’ comp. As a simple example, if you make $1,000 per week, and you’re out of commission for two weeks, workers’ comp will reimburse you for $2,000.
- Rehabilitation costs. Workers’ comp can also cover the costs of long-term care and rehabilitation costs. To undergo physical therapy or other specific programs in order to get back to work, workers’ comp will pay for them.
- Disability benefits. If you’re disabled as a result of the injury, you may be eligible for disability benefits through workers’ comp as well. There are benefits designed for both short-term and long-term disabilities.
- Death benefits. There may also be death benefits available, including reimbursement for funeral expenses, for people who pass away on the job.
Make sure you save receipts for all expenses you’ve incurred as a result of the injury.
Why Workers’ Comp Doesn’t Cover Everything
Why doesn’t workers’ comp cover anything and everything related to the injury? For starters, insurance companies necessarily must limit the scope of potential claims. Insurance companies need to make money, or they would not be able to continue existing. To this end, they must thoroughly review and approve or disapprove elements of every workers’ comp claim made. In some cases, they may be incentivized to negotiate for a lower settlement, or even battle things out in court.
Negotiating for a Better Settlement
One of your options after receiving a settlement offer from a workers’ comp company is to negotiate for a better settlement. With the help of a good lawyer, you can push for a higher settlement, or reimbursement for expenses that were not otherwise covered.
The Potential for a Lawsuit
Remember, accepting a workers’ comp settlement means waiving your right to file legal action against your employer for this matter. If you do not accept the settlement, you may be eligible to file a lawsuit against your employer. This can help you win full compensation for your damages and pursue justice against a negligent employer at the same time.
Talking to an Attorney
Everything starts with talking to an attorney, which you should do after taking care of the basics:
- File an official report. After you’re injured at work, it’s important to file an official incident report. There are likely requirements set by your employer for this documentation.
- Gather as much evidence as possible. Try to gather any evidence you can about how this accident or injury occurred. Take photos and videos and talk to witnesses.
- Get all the medical attention you need. Don’t delay getting medical attention, and follow all the medical advice you receive. This is going to be important for maximizing your benefits.
- Speak early. Talk to a lawyer as early as possible once you’ve taken care of these essentials.
If you’ve been injured on the job, you owe it to yourself to talk to an attorney as soon as possible. This way, you can maximize your benefits and come up with the best strategy for your situation.
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