Workers’ Compensation
Injured at work? Under US federal and state law, you are guaranteed certain rights and entitled to many financial benefits defined as “Workers’ Compensation.” An experienced lawyer like those at the Win Nguyen Law Firm can help ensure you obtain proper justice and a strong path to recovery if your Workers’ Comp claim is disputed by your employer or other parties.
Workers’ Compensation: an overview
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Who is eligible?
Employees of private businesses will be covered by their state’s workers’ compensation program, while federal government employees who are injured at work will be covered by the Federal Employees Compensation Act (FECA). Starting in 1911, workers’ compensation programs were
established by state statute or within state constitutions, and by today, each of the 50 states as well as Washington D.C. has its own workers’ comp program.
With certain exceptions, workers’ comp insurance coverage is mandatory in all states for most businesses and most workers, even small businesses that have only one employee. Agricultural workers, domestic employees, and independent contractors are generally excluded from claiming the required workers’ comp insurance. -
What Benefits are Covered?
You’ll typically be eligible for benefits if you have incurred a work-related injury that required you to take time off. Usually you will not need to prove that your employer was at fault in order to collect benefits- only that the injury was work-related.
For a typical workers’ comp claim, injured employees can receive up to four diffrent kinds of benefits:weekly compensation
permanent impairment benefits
payment of medical bills
vocational rehabilitation
Workers’ comp laws do not cover additional benefits granted for pain and suffering; effectively workers’ comp laws only serve as legally enforceable income protection.
Depending on your state, you may also be entitled to additional benefits:
Medical bills
Medical evaluations
Surgeries & surgical procedures
Prescription drus & medical equipment
VOC rehab or Vocational rehabilitation costs
Mileage reimbursements to and from medical appointments
Total temporary disability payments (TTD)
Permanent disability payments (PD)
Life pension payments
Physical therapy of any in-home care
Lost wages
Death Benefits to your surviving family
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What injuries are eligible?
Workers’ Compensation covers only for one-time accidents and injuries that resulted from those singular events. However, most people may not realize that the range of eligible injuries can be broader than at first glance on the basis of further resulting injuries, such as carpal tunnel injury.
Below is a list of all injuries covered by Workers’ Comp:
Head and brain injury
Neck and shoulder injury
Head or wrist injury
Hearing loss
Loss of eyesight
Knee or foot injury
Exposure to hazardous chemicals
Construction injuries
Broken bone injuries
Limb loss (amputation)
Learn about the differences here:
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These cases happen when you are injured but are able to work at partial capacity. The benefits help make up the difference between normal worker wages and the amount you earn while partially disabled
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These claims are when workers are injured to the point where they are unable to return to work for a period of time in order to rest and recover. The benefits paid out should help cover the amount of missed wages.
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These claims involve a doctor’s evaluation to determine if you are permanently disabled from the injury. If you are, they’ll rate the degree to how much your injury impairs your ability to work.
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If you’ve lost a family member in a workplace incident, you might be able to recover death benefits. Our firm can help you through the complex process.