A worker who finds themself hurt at work may face an uphill battle. Between the medical appointments and restrictions, they may not be able to return to their full-time duties for a while, if ever. In some instances, an injury may permanently disable a worker if it is catastrophic in nature. Without working, how is someone supposed to provide for their family? In some instances, an injured employee may be eligible for workers’ compensation, as a workers compensation attorney, like from Rispoli & Borneo, can explain. Find out more about when and who may be able to get their employer’s assistance in recovering from a work injury.
The Company May Not Carry Insurance
Depending on the state in which you reside, your employer may not be required to carry workers’ compensation insurance. It usually has to do with company sizes. For example, small companies of less than 50 employees are sometimes exempt from carrying workers’ compensation coverage. To find out if your company has a workers’ compensation carrier, you should speak to someone in your human resources department. Chances are if you work for a larger company, they have insurance under state and federal guidelines.
Some Injuries Do Not Qualify
Once you establish that your employer has workers’ compensation coverage, you must file an injury report. To do this, you have to get a doctor’s medical report stating the type of injury you have, the mechanics in sustaining it and the current treatment regime. While many injuries that happen at work are deemed eligible, sometimes they are not. For instance, if you take a lunch break and get into a car accident, the collision is considered off the clock. When you get hurt while you are not officially performing work duties, it will not be covered. However, if you are running an errand for your boss while out on your lunch break and find yourself in a crash either to or from the errand, it should be covered.
A Previous Injury Occurred to the Same Body Part
Some body parts are more prone to injury. If you have had a previous injury to a body part and reinjure it, the workers’ compensation carrier may not agree to cover all of your treatment or disability payments. Typically, they will give you a disability rating based on the previous rating. Once they do this, they will pay benefits at this percentage.
Unfortunately, some mandates allow certain employers to remain exempt from needing workers’ compensation coverage. In other cases, the injury may be denied by the carrier for various reasons. A workers’ compensation lawyer is an advocate who deals strictly with injured employees and their rights. Get some assistance from one in your area as soon as you can.