Do I Get Paid If I’m Hurt At Work?

How A Lawyer Can Help

This article originally appeared on meritline.com

If you’ve ever been at work and suddenly experienced an accident or injury, leaving you worried about your financial stability, you may have asked yourself, “Do I get paid if I’m hurt at work?” Workplace injuries can be incredibly stressful, often leading to a whirlwind of emotions and uncertainty about the future.

This article will explore the fundamentals of the worker’s comp safety net, discuss whether or not injured employees receive payment during their recovery, and delve into the critical role a lawyer can play in helping you through the often complex and challenging worker’s compensation claim process. So, if you’ve asked yourself, “Do I get paid if I’m hurt at work?” this article will demystify worker’s compensation and hopefully put your mind at ease.

Understanding Workers Compensation

Worker’s compensation is insurance that provides financial and medical benefits to employees who sustain injuries or illnesses while performing their duties. The primary purpose of worker’s compensation is to ensure that injured workers receive prompt and adequate medical care and compensation for lost wages due to their inability to work.

Injuries covered under worker’s compensation may include but are not limited to slip and fall accidents, repetitive stress injuries, and occupational diseases. Workers’ compensation benefits typically cover medical expenses, rehabilitation costs, and some of the employee’s lost wages.

Getting Paid While Unable to Work

“Do I get paid if I’m hurt at work?” The answer largely depends on the nature and severity of your injury. There are multiple types of disability benefits available through worker’s compensation.

The first type is temporary total disability benefits, which means you receive payments when you cannot work. This can last until the doctor clears you to return to work. The second type is temporary partial disability benefits, which means you can work, but not in the same capacity as before your injury. Your employer may be able to provide you with work that’s within your physical limitations. Still, if they can’t, you’ll receive payments based on the difference between your pre-injury income and your post-injury income.

Finally, there are permanent disability benefits, which are paid out if a doctor determines that your injury won’t ever fully heal. You’ll never be able to return to your job. So, while there’s no one-size-fits-all answer to whether you get paid if you’re hurt at work, options are available to help you through a difficult time.

What Happens When Claims Are Denied

Unfortunately, not all worker’s compensation claims are approved. There are several reasons why an insurance carrier might deny a claim, such as a lack of evidence supporting the injury, a pre-existing condition, or failure to report the injury promptly.

If your claim is denied, acting quickly and consulting with an experienced worker’s compensation lawyer is crucial. They can help you understand your rights and guide you through appeals.

How a Lawyer Can Help

Navigating the worker’s compensation claim process can be complex and overwhelming, especially when dealing with a denied claim. A lawyer specializing in worker’s compensation can provide invaluable assistance in several ways: 

• Navigating the claim process: A lawyer will be familiar with the ins and outs of the worker’s compensation system, ensuring that all necessary forms are completed accurately and deadlines are met. 
• Communicating with the insurance carrier: Your lawyer can act as your advocate, handling all communication with the insurance company and ensuring your best interests are represented. 
• Negotiating maximum benefits: A skilled lawyer can negotiate for the highest possible compensation, considering your medical expenses, lost wages, and the severity of your injury. 
• Appealing denied claims: If your claim has been denied, your lawyer can help you gather additional evidence, prepare for hearings, and present a persuasive case for why your claim should be approved.

Selecting the Right Worker’s Compensation Lawyer

When searching for the right worker’s compensation lawyer, it’s essential to consider factors such as experience, success rate, and communication style. Here are some key considerations and questions to ask potential lawyers: 

• Experience: How long has the lawyer practiced worker’s compensation law? What types of cases have they handled?
• Success rate: Their track record for winning cases or securing favorable client settlements?
• Communication: How responsive is the lawyer to your questions and concerns? Do they take the time to explain complex legal concepts in a way you can understand?

Remember, it’s crucial to feel comfortable and trust the lawyer you choose to represent you in your worker’s compensation claim.

Example Cases

To illustrate the impact a skilled lawyer can have on a worker’s compensation claim, consider the following scenarios:

• Scenario 1: A construction worker fell from a scaffold and suffered multiple fractures. The insurance carrier denied the claim, citing a lack of evidence supporting the injury. With the help of an experienced lawyer, the worker gathered additional documentation and witness testimony, ultimately leading to the approval of their claim and a substantial settlement.
• Scenario 2: An office worker developed carpal tunnel syndrome due to repetitive typing. The employer’s insurance company argued that the condition was not work-related. A knowledgeable lawyer helped the employee present a strong case, including medical expert testimony, resulting in the approval of their claim and ongoing benefits.

Tips for Mitigating Chances of Claim Denial

To reduce the likelihood of having your worker’s compensation claim denied, consider the following tips:

• Properly report the injury: Notify your supervisor immediately after sustaining a workplace injury and complete any required incident reports.
• Document medical treatment: Keep detailed records of all medical appointments, treatments, and medications related to your injury.
• Follow workplace safety protocols: Adhere to your employer’s safety guidelines and procedures to reduce the risk of accidents and injuries.
• Cooperate with your employer and insurance carrier: Provide any requested information promptly and accurately to avoid delays or denials.

In Conclusion

In conclusion, understanding the intricacies of worker’s compensation and finding the answer to “Do I get paid if I’m hurt at work?” are crucial steps in ensuring financial stability and peace of mind after a workplace injury. By arming yourself with knowledge about your rights, benefits, and the role of a skilled lawyer, you’ll be better prepared to navigate this often challenging process.

Remember, you don’t have to face this journey alone – a dedicated worker’s compensation lawyer can be your advocate, helping you secure the benefits you deserve and allowing you to focus on what truly matters: your recovery and well-being. So, if you’ve asked yourself, “Do I get paid if I’m hurt at work?” with the right information and support, you can successfully overcome the hurdles of worker’s compensation and regain control of your life.