How Workers’ Compensation Claims Work, Beware
The primary issue to remember is that workers’ compensation is much different from a personal injury claim.
Workplace injuries show a decrease from 2018-2019, according to the Bureau of Labor Statistics. Reports indicate that there were 3.3 accidents/injuries per 100 full-time employees in 2019. Across the United States, there were at least 421,400 non-fatal injuries in the workplace, with little change noted between these two years.
Without going into further detail, you may believe this is too many or too little considering the whole of America. However, consider one accident/injury case due to another person’s negligence is too many. When a workplace accident occurs, know that your employer’s insurance company will investigate your accident and does not want to pay you any more money or for any longer than they absolutely must pay.
Insurance companies put up a fight to award you as little money as possible. For these reasons, you need to take steps towards hiring an accident/injury/wrongful death seasoned attorney to fight as your advocate and get you a fair settlement. If your accident and injuries at work involve negligence with another person’s actions or company, do not fight this alone.
Once you hire an experienced attorney to represent you in a lawsuit, you refer all questions about your case to your attorney. Hiring this attorney takes a tremendous burden off your shoulders. When an insurance agent calls you, all you have to do is direct them to the number of your attorney.
At the time of your workplace injury, never express how sorry you are and never admit that you may be at fault. These words point to the fact that your accident may have been your fault, which does not help your case, especially if you are innocent of negligence or wrongdoing. You are entitled to workers’ compensation.
Calculating Workers’ Compensation
Workers’ compensation is determined according to an average weekly income at the time of your accident and injury. Your employer calculates your compensation by using gross wages without payroll deductions over the last 52 weeks preceding the accident.
Never feel bad about collecting workers’ compensation because you pay into a compensation fund to the tune of about $10.00 for every $1000.00 you earn. However, this may vary from state to state. According to a National Academy of Social Insurance report, rates were $0.24 to $1.59 per $100.00 earned.
When you claim workers’ compensation, expect your weekly paycheck to be 60 percent of your usual wages. Workers’ compensation does not pay you 100 percent of your regular wages and is considered a disability income benefit. Workers’ compensation also pays your medical bills and starts from the second you are injured, paying 60 percent after missing the first three days of work.
As long as you receive workers’ compensation, you cannot perform your usual job description, nor can you work a full-time job for any other employer. No employer will usually hire someone who is collecting workers’ compensation due to the possibility of becoming more injured. Depending on the scope of your injuries surrounding your accident, you may incur many more expenses that workers’ compensation does not pay.
Remember that work injury claims are handled differently from a personal injury claim. When you file for compensation, you are expecting money from the insurance company and not your employer. Employers are required to pay into workers’ compensation as this protects the business assets.
The majority of injuries sustained while on the job are muscle strains and sprains. However, some injuries are more severe and require attorney intervention, especially if another person or employer is responsible for your damages due to negligent actions.
Your compensation continues for a limited time, usually for one year, with a six-month reevaluation of your case. If your injuries prevent you from ever working again, and you must declare a disability, you need your attorney’s expertise to calculate a fair and just settlement.
After you are injured at work, you usually know at the time how badly you were injured. If you suspect the worst scenario, please contact a seasoned and experienced attorney in the field of negligent accidents/injuries/death claims. The mounting debts brought about by this accident go far beyond what a workers’ compensation insurance pays. This attorney can calculate all the possible past, present, and future needs for a fair settlement.
The employer’s insurance company will offer you a settlement to cover all your expenses, including loss of wages. This settlement may sound good, but these settlements are never enough. Never agree to any payment until you speak with your attorney. You can file a lawsuit, but if you accept a less than appropriate settlement, you probably will not have enough money to live on for the rest of your life, and you cannot file another lawsuit for the same case.
A Call to Action for a Fair Settlement
Our seasoned and experienced work injury attorney represents a few of the following claims.
- Construction accidents.
- Spinal cord and head injuries.
- Railroad accidents.
- Car accidents.
- Trucking accidents.
- Wrongful death.
- Slip and fall.
Depending on your injuries, you must receive fair compensation through a settlement from the person or company whose negligence caused your accident. You did not expect, nor can you sufficiently pay all the money resulting from your injuries, including lost wages over long-term. Make sure to contact an attorney as soon as possible after your accident to look into receiving compensation.