Understanding Workers' Compensation

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Understanding Workers’ Compensation: A Brief Overview

According to the United States Department of Labor, The Office of Workers' Compensation Programs administers four major disability compensation programs, which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits. These benefits are given to certain workers or their dependents, if they have experienced work-related injury or occupational disease. The programs vary from state-to-state.

If you have been injured at work or are suffering from a work-related illness, it is advisable that you retain an experienced and competent attorney. This is more so if your injury or illness is severe enough to cause physical or mental impairment that changes your ability to work. At Goldberg and Dohan, we are strong advocates for workers and will ensure that you receive all the medical care and workers’ compensation benefits you deserve.

What Does Workers’ Compensation Cover?

Under the workers’ compensation program, all work-related injuries or illnesses are covered. While not an exhaustive list, some of the common claims are made because of the following conditions:

• Injuries that occur while on business-related travel.
• Sudden accidents such as falling off scaffolding.
• Long-term injuries such as computer-related repetitive stress injuries (RSIs), chronic back problems etc.
• Illness due to exposure to work site chemicals, radiation or pollution.
• Conditions that arise due to work-related stress such as heart conditions or digestive problems.
• Fires and explosions.
• Factory or agricultural accidents.

For a specific case, it is best to refer to an attorney, who can assist you with your queries and the claims procedures.

What is Not Covered by Workers’ Compensation?

There are certain situations that do not warrant immediate coverage. These include the following:

• Felony-related injuries.
• Self-inflicted injuries or those arising from a fight at the workplace.
• Drug or alcohol-related injuries.
• Injuries resulting from violation of company policy.
• Injuries suffered off the job or sustained after an employee has been terminated.
• If the person making the claim is an independent contractor.

When Do You Need an Attorney?

If you are in the following situations, you should hire an attorney, who specializes in workers’ compensation cases.

·         Your medical costs are not fully met or denied.

·         You require surgery because of your workplace injury.

·         If you need “permanent partial disability” benefits because your doctor finds that you cannot return to full health.

·         You cannot work full time at any job.

·         You have pre-existing conditions or disabilities.

·         Your claim has been denied or if you are receiving partial benefits.

·         Your employer is disputing the decision made by your state workers’ compensation department.

·         You do not understand the ins and outs of the process.

Workers’ compensation claims can be tedious and complex processes. This is more so if you are in dispute with your employer or their insurance company. Since the dispute process involves dense legalese and convoluted proceedings, it is imperative that you retain a trusted legal team, who will fairly represent your interests.