The employment world can be a challenging journey, intertwined with both rewarding moments of professional growth and unexpected hurdles. One such obstacle could be a workplace injury, an unfortunate event that can significantly disrupt your life as an employee.
However, there is a silver lining that needs to be illuminated—the protection by workers' compensation laws. This blog post delves into the intricacies of these laws, exploring their purpose and benefits and how they serve as a safety net for injured employees.
Medical Treatment Coverage
One of the primary provisions within workers' compensation laws is the entitlement to medical treatment coverage. Should you sustain an injury or illness directly related to your job, these laws stipulate that your employer or their insurance company is responsible for all reasonable and necessary medical care.
This coverage includes hospital stays, surgeries, prescriptions, physical therapy, and even transportation costs to and from medical appointments.
Remember that this coverage begins from the moment the injury occurs, irrespective of whether you have missed any work or not. However, claiming this coverage may vary depending on your state's laws. Some jurisdictions allow the injured employee to choose their doctor, while others mandate that you see a healthcare provider within the insurance company's network.
You need to follow these rules to avoid paying out-of-pocket for your medical expenses. If any dispute arises about the necessity of a treatment, each state has a process in place to resolve the disagreement. Notably, some treatments may require prior approval to ensure they're actually necessary and related to the workplace injury.
Disability Benefits
Workers' compensation laws also provide disability benefits to those who lose their earning capacity due to work-related injuries or illnesses. These benefits are divided into two main categories –– temporary and permanent disabilities.
Temporary disability benefits are meant to compensate employees for wages lost during the period they are unable to work because of the injury. These are typically calculated as a percentage of your average weekly wage, up to a maximum amount set by state law.
You are eligible to receive these benefits until you are medically cleared to return to work or have reached a state of maximum medical improvement (MMI).
Permanent disability benefits, on the other hand, are for workers who suffer a lasting impairment due to a work-related injury or illness. This applies if you are unable to return to your previous job, perform certain tasks, or work at all. The calculation for these benefits is more complex and depends on factors such as the extent of your disability, age, occupation, and wages prior to the injury.
Keep in mind that the amount and duration of these benefits may vary on a case-to-case basis. Some people may get additional benefits beyond those mentioned here, especially if they sustain a catastrophic injury. These benefits may include long-term nursing care, vocational rehabilitation, and retraining if you are unable to return to your former job.
Protection From Retaliation
Most importantly, workers' compensation laws protect employees from retaliation by their employers. So, if you file a workers' compensation claim, your employer is legally prohibited from taking punitive actions against you.
This includes firing, demoting, unfairly disciplining, reducing your hours, or creating a hostile work environment due to your claim. These laws are designed to create a safe space for employees to seek the benefits they deserve without fear of retaliation or job loss.
If you believe you have been subjected to retaliation due to a workers' compensation claim, consult with an experienced workers' compensation attorney. You don't need another source of stress in an already difficult situation. Your lawyer can help you understand your rights and build a strong case against any unjustified retaliation by your employer.
Death Benefits
The most unfortunate consequence of a workplace injury is the death of an employee. In such cases, the spouse, children, or other dependents may be eligible to receive death benefits. These benefits are designed to offset the loss of financial support and cover funeral and burial expenses due to the tragic event.
The amount the family receives in death benefits is usually a portion of the employee's salary and is subject to a cap determined by the respective state laws. Remember that these benefits are not subject to federal or state income taxes, which provides a small consolation in such a devastating time.
The process for claiming death benefits varies, but it typically involves providing proof of dependency, such as marriage or birth certificates, and filing a claim with the relevant workers' compensation board or industrial court. The eligibility for death benefits extends to the surviving spouse until they remarry and to minor children until they reach adulthood.
In conclusion, workers' compensation laws serve as a robust shield for employees, offering valuable protection in the aftermath of a workplace injury or illness. Call us at the Law Offices of David A. Helfand, P.A., if you need help navigating the legal side of workers' compensation issues.
