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What Is Workers’ Compensation?

Your employer is required to carry workers’ compensation insurance that may provide benefits to you if you are injured or become ill as a result of your job or while performing your job duties.   The specific requirements for workers’ compensation coverage vary by state as a personal injury lawyer often experiences.

If you are injured or become ill due to a work-related incident or exposure, you should file a workers’ compensation claim with your employer’s insurance carrier.  Such incidents or exposures may include accidents, repetitive stress injuries, occupational diseases, and other conditions that may arise during your employment.

The first thing you should do is report your work-related injury or illness to your employer as soon as possible after it occurs or you discover it.  Employers are usually required to provide you with information about how to report your injuries and how to file your workers’ compensation claim as our friends at Kiefer & Kiefer can explain.

Workers’ compensation insurance should cover the cost of any medical treatment related to your work-related injury or illness.  This typically includes doctor’s visits, hospitalizations, surgeries, prescription medications, physical therapy, medical devices, and other necessary medical services.  Depending on the regulations in your jurisdiction and the policies of your employer’s workers’ compensation insurance provider, you may or may not be able to see the doctor of your choice.  Sometimes your employer or its workers’ compensation insurer will have a specific network of health care providers that you are required to use for your treatment for the work-related injury or illness.  The reasoning behind this is to ensure that the care that you receive is covered by the employer’s workers’ compensation insurance policy.  That being said, there are some jurisdictions that allow you to choose your own treating physician under certain circumstances.  If you wish to choose your own treating physician, it is suggested that you notify your employer and request permission before you treat with your own physician.  Also, if your employer’s network of providers does not have the appropriate specialist to treat you for your injury, you should speak with your employer about using such a specialist first before engaging one.

Workers’ compensation insurance may also provide wage replacement benefits to help cover lost wages if you are unable to work due to a work-related injury or illness.  The amount and duration of these wage replacement benefits may vary, depending upon factors such as the severity of your injury, your average weekly wage, and state laws.

If you are temporarily or permanently unable to work due to your work-related injury or illness, workers’ compensation insurance may also provide you with disability benefits.  There are several categories of disability benefits, depending upon the severity and duration of the disability:  Temporary Total Disability (TTD); Temporary Partial Disability (TPD); Permanent Total Disability (PTD); and Permanent Partial Disability (PPD).

In some instances, workers’ compensation insurance may provide vocational rehabilitation services to help you return to work from your injury or illness, or to help you transition to a different job if you are unable to return to your previous job due to the injury or illness. If you encounter issues in the worker’s comp process, reach out to a lawyer near you for help.