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February 6, 2022Workers’ compensation is designed to provide benefits that will cover medical costs and lost wages for employees who are injured or become ill due to the work they perform. Unfortunately, these benefits have not always been provided on time—or even at all. If you have suffered injuries at your place of employment, being familiar with the basics of workers’ compensation laws will help you get the care and support you need. Many things can happen at your workplace, but what happens when one of these events occurs? Workers’ compensation benefits employees who suffer an injury or illness while performing job-related duties. These laws were created to provide financial protection for employees injured by making their employers partially liable for their damages. Here are essential principles you should know about these laws.
What Affects the Amount of Compensation You Get?
When an employer is found guilty of negligence or failing to provide its workers with adequate protection, the court has very few limitations when deciding the amount of compensation you should receive. If you don’t know how much compensation you should get, this Fort Lauderdale workers’ compensation lawyer can help you determine the amount of payment you deserve and help you push for it. These decisions are based on several factors.
The first factors to consider are your wage losses and any medical expenses stemming from the accident, including present and future costs, such as trips to the doctor or alternative treatments you may need for an extended period. If you have a permanent injury and cannot return to work, you may use previous income amounts to determine the amount of compensation you are entitled to.
Another factor affecting the amount of money you receive for your injury is the loss of ability to provide income to your family through lost wages. One parent may have earned income before the accident, while the other took care of household chores and child care. Suppose the injured worker was the sole breadwinner for their family. In that case, you might be able to receive a more significant amount of compensation than an individual who provided support to both partners.
In addition, if your injuries were severe and resulted in substantial physical deformities and scarring, you may be eligible for additional compensation. The more visible and permanent your disfigurements are, the more likely you will receive a larger settlement
Every State Has Its Own Workers’ Compensation Laws.
Every state has its own workers’ comp laws, so it is essential to understand how these laws apply where your company is located. These states set out specific criteria for what they consider to be compensable injuries. For example, some states consider all workplace injuries compensable, whereas other states have limits on the covered ailments. The laws also vary concerning how much employees can recover for their injuries and whether or not you are required to file a claim before seeking legal remedies.
Every State Also Has a Different Statute of Limitations.
The statute of limitations defines the time frame in which you must file your claim. Although there is no set standard for this aspect of workers’ comp laws, most states impose a one-year deadline for filing claims against employers. For example, Michigan requires injured employees to file an injury report and initiate the workers’ compensation process within three years of the injury.
Know That You May Be Limited in Your Options
There are several legal remedies open to an injured worker, but there are also some standard limitations on these remedies. For example, suppose you seek non-economic damages (like pain and suffering). In that case, you may face an argument from your employer that it doesn’t have to compensate you because you are no longer performing the same type of work that you were doing before your injury. Because of this, it is crucial to understand what evidence will support your claim.
Employers Can Be Held Liable for the Injury.
If you were injured at work, your employer might be legally responsible. There are several ways that this can occur:
- Your employer’s negligence caused or contributed to your injury.
- You received a personal injury due to exposure, and it is usually the employer’s obligation (by law) to provide you with such protection.
- You sustained injuries due to your employer’s attempt to reduce their negligence.
Workers’ Comp Laws May Limit the Level of Compensation You Receive.
Suppose your injury causes you to miss work and suffer wage loss. In that case, your workers’ compensation benefits will not compensate you for everything you lose financially, which means that your wage is only $25,000 per year. If you miss several months of work due to your injury, you may not recover any additional amount if the judge’s decision does not exceed this figure. In addition, there are specific dollar limits to how much compensation a person can receive for a workplace injury, which vary from state to state.
Under What Circumstance Should You Seek Compensation?
The law entitles you to monetary damages if you suffer a personal injury because your employer was negligent, failed to keep you safe, or did not provide you with the necessary equipment for doing your job correctly. If your employer violated its duty in providing you with workplace protection, it would be held accountable in an attempt to make good on its error. However, this does not always mean total compensation for you and your family.
You may not be fully compensated for your injury or its impact on your health if the judge deems that your injuries were caused by a pre-existing condition rather than as a result of an accident at work. Therefore, it is vital to know the difference between an existing medical condition that became worse, an existing medical condition diagnosed after the work-related accident, and a pre-existing injury caused by trauma outside of work.
In cases where your employer is responsible for your workplace injury, you have the right to seek total compensation from workers’ compensation insurance or any other applicable insurance policies. Contact a personal injury attorney to learn more about your legal rights and options for seeking monetary damages.
In summary, worker’s compensation insurance is a system that requires employers to provide their employees with adequate protection for on-the-job injuries. If you are injured due to a negligent employer, you may be entitled to receive monetary damages to compensate for your medical costs and lost wages. However, it can be challenging to determine the right amount of compensation without help from an experienced workers’ compensation attorney.