Workers’ Compensation: Do I Need A Lawyer?

Workers’ Compensation Insurance

Workers’ compensation insurance is normally mandatory for companies to have by state law. The insurance provides benefits for employees that are injured on the job, and also serves to protect employers from any personal injury lawsuits.

What Is Generally Covered by Workers’ Compensation Benefits?

When an employee is injured on the job, workers’ comp insurance will generally cover all of the expenses for the medical fees, whether it was the employee’s fault or the fault of the employer. If you are an employee, and you receive an injury on the job, then more than likely you should be awarded workers’ comp benefits. So, what exactly will be covered by workers’ comp insurance if you are injured as a direct result of your employer?

Generally, workers’ compensation insurance will cover all of the medical expenses from the injury that occurred during working hours. It will also compensate employees for hours lost when they could have been working. Sometimes, workers’ comp will cover ongoing physical therapy if the therapy is required due to a workplace accident. If you believe an incident at the workplace caused a psychological illness, such as a traumatic event, then workers’ comp may cover the expenses to see a licensed psychiatrist. Mental illnesses and conditions are harder to prove to workers’ compensation insurance companies, but it is not impossible to receive reimbursement. Consulting with a lawyer about any mental or physical harm that was done as a direct result of work, or due to the working environment, may result in a better outcome for the employee.

Consulting With A Lawyer About A Workers’ Compensation Claim

If your workers’ compensation claim was denied by your employer, it is essential to consult with an attorney that is experienced in workers’ comp cases. Workers’ compensation laws vary by state, so having a workers’ comp lawyer that is knowledgeable on the complex rules will help guide you through the next steps to take.

If you decide to file a lawsuit against your employer for personal injury, it is important to know that you are waiving your rights to any workers’ compensation benefits. So, it is sometimes better to take the workers’ compensation award and move on. On the other hand, if you are severely injured on the job, then your employer’s workers’ compensation insurance may try to offer you a hefty sum for your injuries to avoid a lawsuit. In these scenarios, and in any scenario regarding a workplace injury, it is highly advised to consult with a lawyer to discuss the best route to take.

Sometimes a personal injury lawsuit may lead to larger damages awards, or compensation. Other times, it may be best to take the workers’ comp benefits awarded to you. It is all dependant on the situation, how the accident occured, the extent of the injury, and the state in which you reside. There are also complex rules regarding litigation if you decide to file a personal lawsuit, so regardless of whether you want to sue your employer or take the workers’ comp benefits, it is recommended to speak with an experienced lawyer. The sooner you speak to a workers’ comp lawyer about the circumstances, the better your chances will be in obtaining just compensation for injuries. In the event you have anymore questions, do not hesitate to contact an experienced Workers Comp Attorney Nassau County needs if you need more legal advice.

Thank you to Polsky, Shouldice & Rosen, P.C. for providing their insight on workers’ compensation.