Workplace Injuries and Workers Compensation

Fortunately, employees who are injured or disabled in the workplace are entitled to receive workers’ compensation benefits.

Simply defined, workers’ compensation is a system of laws that provides specific insurance coverage to injured employees and outlines the steps an employee must take to request the benefits from his or her employer.

Filing for workers’ compensation is much like filing an insurance claim. Contrary to popular belief, it is not a lawsuit against an employer, but an application for benefits to which injured employees are entitled by law.

Facts & Statistics You Should Know: 

According to the Bureau of Labor Statistics:

• In addition to fatal workplace injuries that have averaged 5,600 per year between the years 2002 and 2005, approximately 50,000 workers in the United States also die annually from illnesses resulting from workplace exposures.
• Six million people experience non-fatal workplace injuries each year.
• In 2005, highway accidents accounted for one out of every four work-related injuries.
• Men have a higher incidence of fatal work injuries from falls and dangerous contact with equipment and objects, while women have a higher incidence of work-related fatalities caused by highway accidents and homicides.

Understanding the Law

In most states nationwide, every business must provide some type of workers’ compensation insurance. Workmen’s compensation laws, which are included in statutes, often vary from state to state. Government employees and those who work in specific industries also have specific laws that outline the benefits to which they are entitled.

While workers’ compensation laws cover an employee’s work-related injuries, they also provide a certain amount of protection for employers by limiting the amount of compensation workers can receive from their employers and by preventing injured employees from suing their employers.

In essence, injured employees do not have to litigate their claims to receive compensation; they, instead, receive a predetermined amount for their injuries. Depending on the nature of the claim, employees may receive a weekly payment instead of regular wages, compensation for current and future earnings and medical expenses, as well as monetary damages for pain and suffering. If the injury is fatal, the employee’s family may receive benefits, as well.

It is important to note that if an employee becomes injured while intoxicated or under the influence of illegal drugs, he or she may not be entitled to receive workers’ compensation.

Have You or a Family Member Suffered a Workplace Injury?

There are five critical steps that you must take if you or a family member has suffered workplace injury:

1. Notify your supervisor or employer about the injury immediately.
2. Seek medical treatment if necessary. Keep a file of all healthcare records and bills that are related to your workplace injury. 
3. Take photographs of your injuries, as well as the location where the injury occurred.
4. Obtain complete contact information from all co-workers who witnessed the injury.
5. Seek counsel with an attorney who has experience in workers’ compensation laws.

Why You Need a Personal Injury Attorney

In many workers’ compensation cases, neither the employers nor the insurance companies that pay benefits are sympathetic to an employee’s injury or whether or not he or she receives adequate compensation.

In addition, because an employer’s workers’ compensation rate is based on his or her field of occupation, payroll, the number of claims filed and other important factors, there have been instances of employer fraud if this information has not been reported correctly.

With extensive knowledge of the specific workers’ compensation laws in your state, a competent attorney with expertise in workplace injuries can help the injured employee and/or his or her family follow proper protocol for filing a claim and ensure that maximum compensation is awarded.

To find a personal injury attorney in your community who specializes in workplace injuries and workmen’s compensation, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE