Many injuries that occur in connection with a job are covered by workers compensation. The legal test is whether the injury occurred “in the course of employment.” Indeed, many types of injuries may be compensable, it does not have to be a sudden accident. Repetitive motion problems and stress-related issues are also covered. There are three basic criteria: the employer must have workers’ compensation insurance, you must be an employee and your condition must be work-related.
Injuries will not be covered if they are caused by wilful misconduct on the employee’s part. Further, injuries that are self-inflicted or caused by the worker’s intoxication are not covered. Many people hire a Workers Compensation Attorney. They will tell you about available benefits. Benefits include medical care, rehabilitation and weekly disability benefits. The dependents of people who are killed in job-related accidents are entitled to death benefits. Covered medical benefits include hospitalization, doctor’s visits and prescriptions. Workers compensation must also pay for special equipment needed by the employee. This includes things like wheelchairs, canes, hearing aids and eyeglasses. Many states require that employees be reimbursed for mileage to go to medical appointments. Rehabilitation pays for things like physical therapy necessary to help one get back on their feet. It also covers special training people need to get back to work.
Disability payments fall into four categories:
1. temporary total disability-employee can’t work at all for a short period of time
2. temporary partial disability-injury prevents employee from doing some of his/her duties
3. permanent total disability-employee cannot return to work their job
4. permanent partial disability-there is permanent disability that only partially prevents one from working
The Workers Compensation Attorney helps you navigate a claim. For example, certain rules must be followed and certain forms completed. For example, in some states an injured work has a limited amount of time to report an injury. Gnuse & Green Law have years of experience helping injured workers. The workers compensation insurance company is not on the employee’s side. They use tactics like surveillance and doctors who claim the employee is not really hurt. That’s why it is important to have a lawyer protecting your rights.
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