Frequently Asked Questions

What to do if you’ve been injured?

The first thing you should do when you have suffered an injury on the job is to report the injury to your supervisor immediately. Your supervisor should make a report of the injury to indicate how, when, and where the injury happened. This report can and may be used as evidence in a court of law.

Next, seek medical attention ASAP. If an employer refuses to provide medical treatment, you should seek needed care on your own and obtain documentation of that. It is also best to document the denial of medical treatment by your employer in that event. Write down who you spoke with, what was said to you, and when. Speak to a lawyer as soon as you can and save this information for them.

Keep all of your medical appointments, make sure you keep your employer informed of your medical condition, and when you can return to work. Your doctor will generally provide you with a form to give to your employer. Be sure to keep copies of these forms for yourself as well.

What kind of injuries are covered?

Almost any injury sustained in the course and scope of one’s employment is covered under workers’ compensation. However, laws are in flux and there is an increasing trend for states and employers to deny coverage. Obtain an in person or telephone consultation with a lawyer as soon as you can following an injury sustained on the job.

What kind of benefits are you entitled to?

• Medical Care: including physician bills, prescriptions, hospital bills, surgeries, laboratory tests, other tests including X-rays, physical therapy, and assistive devices such as crutches, should all be paid for by the employer.
• Lost Wages: the employer pays lost wages following strict guidelines. A waiting period applies before any lost wage benefits are paid. To receive any payment for lost wages, you must be disabled for three consecutive days. If you are disabled for more than fourteen consecutive days, the original three-day waiting period will be paid.
• Mileage: mileage is paid to the employee in some cases.
• Funeral Expenses and Death Benefits: when a workers’ compensation injuries result in death, funeral expenses and death benefits are paid when an on-the-job injury results in the worker’s death. The amount of the benefit payable to a dependent depends on several factors.
• Temporary Total Disability: temporary total disability results from an injury that keeps an employee from working temporarily. These benefits, subject to a few rules, are paid until the doctor releases the employee to return to work.
• Temporary Partial Disability: temporary partial disability refers to an employee who can work on light duty less than full pay and full duty.
• Permanent Partial Disability: permanent partial disability refers to a permanent disability that does not prevent a person from returning to some employment. If a person is determined to have a permanent partial disability, they may receive a lump sum settlement based on the percentage of disability.
• Permanent Total Disability: permanent total disability refers to a person who will never work a regular full-time job again. An attorney can often settle the case for a lump sum of money in exchange for lifetime payments. Moreover, an attorney will advise you if a lump sum offer fairly compensates the worker for the life benefits he or she would have received.