Have you ever been injured on the job? You probably had a few questions: How much time do I have to take off from work? What benefits will I receive while I’m out? Can my employer fire me due to my injury? One of these questions is wondering whether or not workers’ compensation offers settlements.
While it often feels like an emotional, draining, and complicated scenario for injured employees, understanding when and if a settlement is offered can help better prepare you for what’s ahead. This blog hopes to illuminate the truth behind when workers comp will offer a settlement so that readers feel confident in knowing all their rights as an employee.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance employers must usually provide for their employees in case they get injured or become ill due to a work-related cause. It also covers lost wages and medical costs related to the injury or illness.
This type of insurance helps protect both the employer and employee from expensive legal battles that can arise when somebody gets hurt at work. Furthermore, it helps ensure injured employees receive medical care and other necessary benefits.
At the same time, employers can keep their costs down by having the insurance pay for most of them. With workers’ compensation, both parties benefit since it removes a lot of uncertainty and hassle from what could otherwise be a complex process.
In addition to covering medical costs, workers’ compensation also provides economic security when an employee is unable to work due to an injury. Depending on the severity of the injury, an employee can receive a percentage of their wages as a form of financial support while they cannot work. In some cases, this may be enough for them to cover their living expenses until they can return to work.
Reasons Why a Worker May Receive a Settlement
There are a few common scenarios in which an employee may be eligible for a settlement. These include:
- The employer has violated the terms of the employment contract or workplace laws. This could include failing to pay wages, inadequate work conditions, or violating applicable laws and regulations. In these cases, a settlement can help to compensate for any financial losses or emotional distress caused.
- Employees may be eligible for a settlement if they have been seriously injured at work. This could include a slip and fall accident, exposure to toxic substances, or any other workplace incident that results in physical injury. If the employer was negligent in some way regarding safety protocols, they may be liable for any medical costs and other related expenses.
- Employees may receive a settlement if they have been discriminated against in the workplace due to their race, gender, disability, or another protected class. This could include instances of wrongful termination or harassment based on discrimination. In these cases, a settlement can help compensate for lost wages and other losses due to such discriminatory practices.
- An employee feels that they have been wrongfully terminated or treated unfairly. This could include instances of retaliation or other wrongful actions the employer takes. In these cases, a settlement is often used as a way to compensate the employee for any damages incurred and create closure for both parties.
No matter the reason for a settlement, it is important to discuss any issues with an experienced employment lawyer before taking legal action. An employment attorney can advise on how to approach the situation best and ensure that all employee rights are respected. With their help, a fair resolution that works for both parties involved can be reached.
Different Types of Workers’ Compensation Available
Workers’ compensation benefits are provided to employees who have been injured during their employment. Benefits may include medical care, temporary or permanent disability payments, job retraining, and death benefits. Depending on the severity of the injury, a worker may qualify for one or more types of workers’ compensation below.
- Medical Care: This benefit covers all reasonable and necessary medical care related to the injury. This includes physical and mental health services, such as hospital stays, physician visits, medication, physical therapy, and counseling.
- Temporary Disability: This benefit covers lost wages when an employee is unable to work due to a work-related injury or illness that requires time away from their job. The benefits vary from state to state but are typically a percentage of the employee’s average weekly wage.
- Permanent Disability: This benefit is available when an injury or illness permanently affects the employee’s workability. The amount of use depends on how severe the disability is and how much wages were lost due to the injury.
- Death Benefits: This benefit covers losses incurred by the surviving family members of an employee who passes away due to a work-related injury or illness. This benefit is typically paid out as a lump sum payment and covers funeral expenses and lost wages.
In addition to the benefits listed above, workers’ compensation also covers other costs related to a work-related injury or illness. These can include transportation costs for medical appointments, the cost of special equipment needed to perform daily activities, and other out-of-pocket expenses.
That’s why employees need to understand their rights and hire an employment lawyer who is an expert in this field — and when filing a workers’ compensation claim to get the benefits they deserve.
Legal Requirements You Must Meet to Receive a Settlement
Once you become eligible for workers’ compensation, a few legal requirements must be met to receive the benefits, such as:
- Employees must follow all instructions given by their employer or authorized representative during the duration of their claim. These may include filling out paperwork, attending doctor’s appointments, or meeting with an adjuster. Please follow these instructions to ensure the processing of your claim and even the denial of benefits.
- Be honest and accurate when filling out any paperwork related to your claim. Refrain from providing false information on forms or during interviews, as this could impact your eligibility for benefits. Additionally, keep records of all conversations you have regarding your claim. This includes phone calls, emails, and in-person meetings with your employer or adjuster.
- If you have any questions about the process of filing a workers’ compensation claim, be sure to consult with an experienced lawyer. A legal professional can help ensure that all legal requirements are met and that you receive your full benefits according to the law.
Get the Best Settlements and Outcomes for Workers’ Comp Cases
Settlements in workers comp cases often require a high degree of negotiation and skilled legal knowledge. Although the system can feel daunting, winning compensation for medical costs, lost wages, and mental trauma is achievable.
At Fogelman Law Firm, our experienced team of employment law attorneys strives to negotiate the best possible settlement for you. Our understanding of the workers’ comp process is unparalleled – allowing us to achieve maximum results with minimal stress or hassle.
Don’t wait to get started on your case – contact us today and put your case in the hands of professionals who care about delivering positive outcomes! Together we can bring clarity to an often confusing issue and guide you toward achieving justice.