n an ideal workplace environment, there would be no injuries or deaths. People would work in absolute safety and never have to worry about workers comp claims – as a corporate employee, you must be aware of this!
But the reality is, that injuries are inevitable, even in relatively safe workplaces. In 2022, there were 5,486 fatal workplace injuries in the United States.
If you’re injured on the job, workers’ comp can cover your medical expenses (and possibly your living expenses while you’re unable to work). But is it always worth taking this deal?
What is Workers’ Comp?
Workers’ compensation insurance, commonly called “workers’ comp,” is a kind of insurance purchased by employers. In almost every state, it’s a legal requirement – and even where it’s not legally required, employers often purchase it.
Workers’ comp covers the costs associated with any injury sustained by an employee while working. This kicks in regardless of how the injury arose, what type of injury it was, and who’s at fault.
In other words, even if it’s your own fault you were injured, workers’ comp can still apply to you.
Understanding Workers Comp Claim
A workers comp claim is the request workers put in for an employer to compensate for the injury or illness they suffer while working. Here are the benefits of this comp claim:
- Medical care coverage
- Partial wage replacement
- Rehabilitation and occupational therapy are some of the benefits employees can reap when they go for a workers comp claim
- Employees are also subjected to disability benefits through this comp claim. If you suffer any disability while working at a company, you can get disability benefits that will compensate for the loss.
Who Pays for the Workers Comp Claim?
The employers pay for the claim and employees do not contribute to this coverage.
When an employee requests a workers comp claim from an employer or the insurance company, the latter pays the claim after confirming the injury. Even in case of illness or death that is caused due to work.
If the company – employer/insurance – rejects the claim, a worker’s compensation judge makes the final decision. It is recommended to report a claim within five days of the injury/illness/death of the employee. This will help ensure the process progresses on time and:
- Ill/injured worker returns to work quicker than a late claim
- Claims are a lot cheaper when done within that timeframe
- There is no excess charge for the employee or the employer
The contact details for workers comp claim officials differ between states, so ensure you check the relevant details
The Complications of Workers’ Comp
Workers’ comp sounds like a good deal for the injured party, but there are a couple of important complications to consider. Firstly, not all workers’ comp claims go through; it’s possible that your workers’ comp claim could be denied. If there’s a lack of evidence for the injury, or if the injury occurred because of gross employee negligence (such as working while intoxicated), your employer may deny the claim. If this is the case, you may need to fight to get the compensation you deserve.
Secondly, if you accept a workers’ comp claim, you will be unable to sue your employer for negligence. In many cases, you can win more compensation by suing your employer than you can get through workers’ compensation.
Factors to Consider When Filing for a Workers Comp Claim
Pursuing a lawsuit isn’t always the right move either, however. Filing a lawsuit is a lengthy and tricky process; it can sometimes take months or even years to resolve the dispute.
Additionally, there’s no guarantee you’re going to win the lawsuit, and if you win, there’s no guarantee you’ll end up with more compensation than you would have gotten with workers’ comp.
Before deciding to file a lawsuit or accept workers’ comp, consider these important variable factors:
The Nature and Extent of Your Injury
What type of injury did you sustain? How severe is the injury? Will you be over this in a week, or could this affect you for the rest of your life?
The Negligence Involved in Your Accident
Was this someone’s fault? Is this a byproduct of an unsafe environment? If so, you may be motivated to seek further justice.
The Coverage Offered by Workers’ Comp
How much do you stand to benefit by taking workers’ comp? Is this going to be adequate compensation for the costs associated with your injury?
Your Employer’s Attitude
These two are worth considering when filing for a claim:
Is your employer working with you?
Are they refusing to make important safety changes?
Your Personal Feelings
Consider the following before you chicken out of filing for the worker’s comp claim:
How do you feel about the situation?
Do you hate the idea of filing a lawsuit against your employer?
Or do you want to earn as much compensation as possible?
Why You Should Talk to a Lawyer?
If you’ve been injured on the job, your best course of action is to talk with a lawyer as soon as possible. Most lawyers offer initial consultations for free, so you have nothing to lose by reaching out and obtaining more information.
Your lawyer will be able to provide you with further information, such as your chances of winning a settlement and how to handle the medical treatment of your injuries.
They’ll also provide you with direction and advice in a professional capacity. Every case is different, and most cases are complex, so it’s best to get the help of a pro.
What to Do After a Workplace Injury?
No matter what, it’s important to take the right steps after experiencing a workplace injury. Firstly, you need to get to safety and prevent other people from experiencing the same injury.
If you need emergency treatment, prioritize that. Secondly, it’s important to file a report with your supervisor and gather as much evidence related to the injury as possible.
From there, you need to seek ongoing medical treatment – and document your appointments.
The Bottom Line
So, is it always worth taking a workers comp claim? Not necessarily. If you have a minor injury if this truly was an accident, or if you just hate the idea of managing a lengthy and complicated lawsuit, taking workers’ comp could make things easy for you.
But if you feel you deserve more compensation or if your injury is more serious, it’s a good idea to talk to a lawyer first.
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