How To Get The Benefits You Deserve In Case Of A Work-Related Injury

By Adriana Noton

No one tries to be hurt in the workplace. Not only must you deal with the pain, you are confronted with bills for medical expenses while you cannot earn an income. Worker's Compensation can help you survive a work-related injury. While they were originally passed to deter litigation, which is a boon for employers, they also benefit the workers. In the past, financial help was often months in arriving. Now, assistance arrives much sooner, often within days of the incident.

Each state has different laws that cover those who are injured on the job, but the basic benefits are the same. The employee will receive cash payments of all or part of their regular salary. The percentage and any maximums that apply vary, but most provide for payment of the majority of earnings. Depending on your residency, these sums may be exempted for state income tax purposes.

When injured on the job, you are entitled to payment of all medical expenses related to the injury. Consult with your personal injury lawyer for more specific details regarding your situation. In some states, all such expenses are covered, with no out of pocket cost to you. In others, you might have to pay a small portion of the bills. In still other states, you might be covered for all medical expenses, whether injury related or not, at a set percentage. Normally, medical coverage begins as soon as you are injured and continues until you can return to work.

You may also be entitled to training classes or courses if you cannot resume your original job duties because of injury. One example would be where a severe injury to the back makes it impossible to return to a job that requires lifting heavy objects. The employee, however, may be deemed capable of working at a desk but may not have the skills for the position. Paid training can make it possible to secure a job the employee is physically capable of working.

Anyone who is hurt in the workplace has the responsibility to report the incident immediately to a supervisor or personnel manager. Failure to notify management of the incident at the time it occurs can jeopardize a claim for benefits. One reason is that the injured employee will normally have to pass a drug test to prove there were no drugs or alcohol present. Tests given after the fact may not be able to provide a determination. Also, eyewitnesses must be interviewed, and they may not recall details if much time has passed. And finally, if a dangerous situation exists, management wants to correct it before others are hurt.

Your attending physician may order physical therapy for you. You will be expected to cooperate with all orders for treatment, including therapy. If you do not attend, you can potentially have your benefits terminated.

Seldom will you get to choose your physician or hospital. These are typically chosen from a list provided to your employer by their insurance company. If you insist on being treated by your own doctor, you may not be reimbursed for costs, or payments may be dramatically reduced. You do, however, have the right to request that you be assigned to a different physician should you feel you have received incompetent care.

Benefits designed to help you maintain financial independence in case of a work-related injury are your legal right. If you experience problems with gaining approval for what you are entitled to receive, you might choose to seek legal representation. Many attorneys concentrate on Worker's Compensation cases, and their fees are usually contingent upon winning your case. Consulting with one might be a choice early on or as a means of last resort to make sure that you receive all benefits you are due. - 31397

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