Hurt on the Job? Four Things to Remember
If you have been injured at work, your first step should be to consult with a work comp lawyer. Unfortunately, many employers view a workers’ compensation claim as a lawsuit against their company. But this cannot be further from the truth.
1. You are Entitled to Medical Treatment
When a worker gets injured at work, he or she should notify the employer immediately. The employer, in turn, will request that the injured employee fill out a claim form to document the work injury. The employer then forwards this claim for to its workers’ compensation insurance provider, who will, generally, provide the employee with a physician list for medical treatment. In some states, the insurance carrier controls which doctor an injured worker sees for the first 30 through 90 days. Other states allow the injured worker to select a doctor of his or her own choosing.
2. If You Cannot Work, the Insurance Carrier Must Pay You
Some people who are injured on the job cannot return to work because of their injuries. Some may be able to return on a part-time basis, and some can continue working while they heal from their injuries. Those people, who must work less hours or who are unable to work at all, will be entitled to temporary total (or temporary partial, if working part time) disability benefits. This will be somewhere in the neighborhood of two-thirds the average weekly wage. A work comp lawyer can help greatly in speeding up the process of receiving temporary disability benefits.
3. You May be Entitled to Retraining
If your injuries prevent you from returning to your usual and customary occupation, permanently, you may be entitled to job retraining at the insurance company’s expense. Of course, if you were a welder, you cannot be retrained to be a college professor. Retraining lasts a from month to a year.
4. You May be Entitled to a Permanent Disability Award
If your injuries caused you permanent physical disability, you would probably be entitled to a permanent disability award. If you have a work comp lawyer, he or she can negotiate a reasonable monetary settlement with the insurance carrier. If negotiations are not successful, your attorney will place your case on the trial calendar at the Workers’ Compensation Appeals Board for your state and county. An administrative judge will then hear all of the evidence and determine the amount of any permanent disability award that you may be eligible for.