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How Do I Know If I Qualify for Workers’ Compensation Benefits?

Experienced Attorney

If you have been hurt at work, you may be wondering whether you qualify for workers’ compensation benefits. Even if you know that you qualify, you may be wondering what kind of benefits to which you may be entitled. It is important to remember that the best resource you have to answer these questions is a competent and experienced St. Lucie County workers compensation lawyer. In the meantime, however, consider these frequently asked questions and answers:

  • What is workers’ compensation? Workers’ compensation is a type of insurance that your employer carries that will pay monetary compensation to employees who are injured on the job. Workers’ compensation plans are a way to protect employees who may be injured on the job, but whose employers may not be able to pay out-of-pocket to compensate the employee for his or her injury. Federal and state law require most employers to carry workers’ compensation insurance for this reason. The workers’ compensation process is also largely administrative, meaning that you do not need to file a lawsuit, reducing the cost for both you and your employer for resolving workplace injury claims.
  • Do all employers have to offer workers’ compensation? The short answer is, “no,” however most employers are required to carry it. State and federal law outlines which employers must provide workers’ compensation benefits to employees. Generally speaking, if an employer hires more than five employees, the employer must provide workers’ compensation benefits. Federal and state law further lay out guidelines for what minimum coverage the workers’ compensation policy must provide. A qualified workers’ compensation attorney can help you evaluate your employment situation to determine whether your employer does or should offer you benefits under a workers’ compensation policy.
  • Does my injury qualify as a workplace injury? If you were injured at your workplace or while out of the workplace, but while completing tasks within the scope of your employment, any injury you suffered during this time is likely covered by your employers’ workers’ compensation policy. There are some exceptions, however, such as if you were under the influence of drugs or alcohol at the time of your injury, or if the injury was self-inflicted. Note, this question is highly dependent on the facts of your case and may require the analysis of a qualified workers’ compensation attorney to determine your eligibility.
  • What kind of benefits can I recover? This question is, again, highly dependent on the facts surrounding your injury. As you may expect, however, you are likely to receive compensation for the medical bills associated with your injury. This includes the cost of any necessary emergency treatment, surgery, procedure, and prescription medications. In addition, you may be able to recover benefits for the time you missed from work and also monetary compensation for future medical expenses. You may even be entitled to receive money for job retraining if you are unable to return to your previous position due to your injury.

These questions are likely just a few that you have regarding your workplace injury and potential workers’ compensation claim. Consider calling a qualified and professional attorney in your area that specializes in workers’ compensation law to set up an initial consultation today.

 

 

Thank you to our friends and contributors at The Law Offices of Franks, Koenig & Neuwelt for their insight into benefits and workers compensation claims.



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