What Is Workers' Compensation?
Did You Know?
In the United States, accidents kill two people and injure 330 others every ten minutes. For persons 38 years of age and younger, accidents are the leading cause of death, according to the National Safety Council
Workers' Compensation is a benefit that is available to all employees in the United States who suffer an injury that arose out of and in the course of their employment. Work related injuries typically covered by workers' compensation include:
- Neck, back, and knee injuries
- Carpal tunnel/repetitive trauma injuries
- Hearing problems
- Work-related emotional problems
- Work-induced heart attack or stroke
- Occupational diseases such as asbestosis and dermatitis; disfigurement and scarring of face, neck or hands
- Asthma or other work related pulmonary conditions
- Loss of use of limbs
- Eye injuries
Workers' Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses.
When You Should Contact A Workers' Compensation Lawyer
. If you suffer an injury at work
. If you are suffering from a health condition which you feel is partially or fully work-related
. If you feel your employer is punishing you or retaliating against you for filing a claim
. If you are denied Workers' Compensation Benefits
. If your employer suggests that you file for Group Insurance Benefits instead of Compensation Benefits
. If your employer withholds payment on your claim for any reason
. If your employer asks you to sign a Final Settlement Form
. If your employer asks you to submit to a medical examination by their own "expert"
. If you are contacted by a Rehabilitation Counselor
. If your employer or their insurer offers to settle your claim
. If you think your injury was "your fault" but you want to know if your employer or a third party might be partially liable
. If you are considering retirement while receiving benefits
. If you are applying for Social Security Benefits
. If you are asked to sign any documents you don't understand
Workers' Compensation Laws Vary From
State to State
Although the law differs from state to state, the Workers' Compensation Act provide compensation for people who are injured at work. In some states, employees must file a civil suit, and federal law governs this process for all federal employees. When an employer is aware of an unsafe situation and fails to correct the problem, they can be held responsible for resulting injuries to their employees.
Under the Workers Compensation Act, injured employees in most states are entitled to a percentage of their lost wages (typically, two-thirds) and payment of medical expenses. Also, most states require employers to prominently display local laws regarding work injuries. If you have been injured at work, it is important to talk to an expert immediately, as a number of factors, such local laws and which doctor you visit, can affect your ability to regain lost wages and medical expenses.
The Facts
• Employers in the United States spend about $260 billion on disability expenses alone.
• Workplace injuries accounted for 80% of total payments, while occupational diseases accounted for 12.3%. The remaining 7.7% was due to non-workplace injuries
• 67 percent of all people with disabilities are unemployed, even among college graduates.
• Total workers' compensation claims payments for 2000-01 amounted to $2.9 billion - a 9.8% increase on the previous year (around 4% when adjusted for average weekly earnings)
• In 2001-02, WorkCover laid 905 summonses. There were 455 convictions for breaches of the Occupational Health and Safety Act 1987 . The court dismissed 40 summons and 23 were withdrawn - a 91% success rate. Total fines awarded by the courts were over $9.5 million.
• The average cost for an employee injury is $6,611, up almost $5,000 since 1990;
• Currently, employers pay an average of 2.6 percent of payroll for their workers' compensation coverage, with some employers paying in excess of 10 percent of payroll and others paying much more;
You Have The Right To A Safe Working Environment. Your employer is responsible to ensure that the work environment they provide is safe. If working conditions contribute to an injury or illness, you are entitled to compensation-period! That's the law. Learn what benefits are covered by workers' compensation. Find out about medical bills, lost wages, and the how long you can receive workers comp by contacting a Workers' Compensation attorney in your area.
CONTACT A WORKERS' COMPENSATION ATTORNEY IN YOUR AREA
If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled a Workers' Compensation case in your state, you may use this Free Online Consultation Form.
There is NO COST or obligation for this service. |
