Workplace accidents can happen quickly and unexpectedly. In an instant, an injured worker can feel like his or her life has changed drastically. Depending on the severity of the accident, ongoing medical treatment may be needed. It may be a long time before you can return to work – if ever. It can be overwhelming, to say the least. Financially, it can be very difficult, particularly if you also face a mounting stack of medical bills and you’re unable to work.
If you find yourself in this situation, you may be wondering whether or not you should file a workers’ compensation claim. Some of the advantages of filing a workers’ compensation claim include:
- No fault: One of the benefits of filing a workers’ compensation claim is that workers’ compensation is a “no-fault” system. This means that typically, fault is not a consideration in determining eligibility for compensation. If the worker can successfully prove that an injury was work-related, then generally, benefits are available. This is certainly different than other legal matters where the determination of fault plays a significant role in the likelihood of receiving compensation.
- Lower stress: Often, filing a workers’ compensation claim can be far less stressful than battling over an injury in a traditional courtroom setting where there are questions of fault and parties who are unwilling to negotiate and work toward a resolution. The goal of workers’ compensation is to help employees recover from injuries and return to work. Being able to do that effectively and efficiently through the assistance of the right attorney can be tremendously helpful as you try to move forward after an injury.
Depending upon the state you live in and the extent of your injuries, you may be eligible for a variety of benefits, including, but not limited to:
- Medical expenses: One of the key benefits of workers’ compensation is the payment of medical expenses with regard to a work-related injury. This typically includes medical expenses that were incurred for the injury before the filing of the claim, as well as ongoing medical expenses, and in some cases, anticipated future medical treatment as well.
- Disability benefits: If your work injury renders you unable to work for some time – or permanently – you may be eligible for disability benefits. Disability benefits are intended to replace at least a portion of the wages that an employee loses while disabled as a result of a work-related injury. Each disability is classified into one of four categories:
- Temporary Partial Disability
- Temporary Total Disability
- Permanent Partial Disability
- Permanent Total Disability
The amount that an employee might receive for disability benefits will be dependent upon several factors, including the laws of the state in which the employee lives, the wages of the employee before the injury, the severity of the disability, and a variety of other considerations. Consulting with an attorney as to the type and amount of lost wage payments for which you might be eligible is always advised.
- Rehabilitation: Many states provide vocational rehabilitation benefits to injured workers who are unable to return to their previous job duties as a result of a work-related injury. Eligibility for these benefits will depend upon medical proof and other necessary evidence of the condition and its impact on the employee’s capabilities.
- Death: If an employee passes away as a result of a work-related injury, death benefits may be paid to the employee’s spouse, minor children, and/or other dependents. Depending upon state law, funeral and burial expenses may also be covered.
Understanding the benefits that may be available in a workers’ compensation claim is helpful, but it’s only part of the process. To truly understand your rights under the law and the benefits for which you might be eligible, consulting with an attorney who knows and understands the law and who can advise you specifically as to your case is essential.
RODEN LAW – YOUR WORKERS’ COMPENSATION ATTORNEYS
At Roden Law, we have a talented, knowledgeable, and experienced team of workers’ compensation attorneys who are ready and waiting to help you pursue your claim. We know how incredibly helpful these benefits can be for injured workers and we believe you deserve to have a team on your side who will fight for the compensation you need. If you’re ready to get started, give us a call. We look forward to discussing your case and helping you plan a path forward toward a better and brighter chapter ahead.