What Is Workers’ Compensation?

Workers’ Compensation Lawyer

As a workers’ compensation lawyer in New York from a firm like Polsky, Shouldice, & Rosen, P.C. can explain, any damage to the body can become severe and life-altering depending on the treatment. If an accident at work results in an injury, the employer’s workers’ compensation insurance should kick in. Learn the basics of what this insurance coverage looks like.

What Does Workers’ Compensation Do?

When a worker gets hurt on the job, the employer’s insurer will launch an investigation. If the injury qualifies, the worker may be eligible to get help covering expenses while treatment is undergoing. Some injuries may be more serious than others, and workers’ compensation may also serve to pay temporary wages during recovery. The lost wages are not usually paid at the full rate but rather a percentage dictated by local laws. Temporary disability payments usually start being disbursed fairly quickly after a claim is accepted. If an employee’s injury is serious and results in a permanent and life-altering injury, then permanent disability payments payout for the rest of their life.

What Is Considered a Qualifying Injury?

Not every injury an employee suffers may be eligible for workers’ compensation benefits. This is because not every injury may be considered qualifying. When a worker gets hurt, the insurer must determine if it happened while they were on the clock. For example, car accidents that happen while an employee is commuting or on a lunch break do not qualify for workers’ compensation. Only those incidents that occur while a worker is engaged in job duties will be considered qualifying. These are usually traumatic injuries, such as broken bones.

A worker may also have something called a repetitive injury that may qualify for workers’ compensation. These injuries often take time to develop and can be traced directly back to the worker’s job. The most common example of a repetitive injury is carpal tunnel syndrome. If a worker receives this diagnosis and repetitively uses the hands at work, a doctor will attribute the condition to the job.

What Happens if the Insurer Will Not Pay?

There are some instances where an injured employee faces difficulties getting benefits from an insurer. For example, some companies may not be required to carry the coverage, and in this instance, the worker may have to sue the company to get financial compensation. However, given that the company does have coverage, what happens if the insurer denies a claim? A worker who gets a denial has the right to appeal or file a lawsuit against the workers’ comp provider and the employer for medical bills, damages and lost wages.

When faced with an injury, a workers’ compensation lawyer may provide insight and guidance on the matter. Get in touch with one before things get worse.