WORKERS' COMPENSATION
Workers' Compensation Benefits
Your employer, or your employer's insurance company, is required to compensate you or your family for injuries or death that may occur while you are working. Here's what you are entitled to:
- Weekly benefits while you are unable to work.
- Payment of your medical expenses.
- A lump sum payment for partial or total disability resulting from a workrelated injury
If you are injured on the job, you may be entitled to compensation, regardless of who is at fault. The only requirement is that the injury or illness occurred while you were performing your normal job duties. Complaints may include back injury, burn injury, falls, hazardous inhalation, cuts and injury to all parts of the body.
If you are injured on the job, your employer must pay for your medical expenses, and you should receive two thirds of your wages while you are unable to work. You may also sue any third party other than your employer or coworkers who caused your injury. (See Third-Party Actions/ Workplace Torts.)
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The progress and complexity of a claim depends on numerous factors:
- Severity of injury
- Level of temporary or permanent disability
- Who the employer is or if there is more than one employer
- Insurance company
Examples of Workers' Compensation Claims:
CNA - A nursing home is short-staffed and a certified nursing assistant (CNA) has to move a patient from his wheelchair to the bed by herself. She strains her back in the process. The CNA is diagnosed with a herniated disk and is temporarily unable to perform her normal duties.
Data Entry - A data entry person who has been doing her job for 8 years develops severe carpal tunnel syndrome and can no longer perform her duties.
Delivery Truck Person - A truck driver makes a routine delivery to the warehouse. He unloads the truck and as he picks up one of the boxes, his back pops. He reports the incident and visits the doctor. He is diagnosed with a strained muscle and given muscle relaxants. He returns to work, but truck driver visits an orthopedist and receives an MRI. He is diagnosed with a bulging disk and placed on work restrictions.
Factory Worker - A factory worker is moving from one room to another when he slips on liquid and twists his left knee. He continues to work for the rest of the day despite the pain and swelling. He wakes up the next morning and his knee is severely swollen and he cannot place any weight on his left leg. He calls his employer and reports the incident. He is sent to the company doctor who diagnosis the injury as a torn ACL ligament.
Construction Incidents - Work injuries that occur on construction sites often end up becoming complex claims because several contractors and subcontractors may be involved in a construction project. In some situations in you may be entitled to recover additional money because someone other than your employer is at fault for the injury. See sample cases in Third Party Action/ Workplace Torts.
