Workers’ compensation is a state-mandated insurance system which provides money to employees who suffer on the job injuries and illnesses. Each state has its own laws and programs for workers’ compensation.

In general, an employee with a work-related illness or injury can get money from workers’ compensation regardless of who was at fault — the employee or the employer. In exchange for these guaranteed benefits, employees usually lose the right to sue the employer in court for damages for those injuries.

Our workers compensation professionals can help you with your work comp claim and make sure you get all the benefits and money you are entitled to.

Workers’ Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.

Other laws protect employers and co-workers by limiting recovery amounts and liabilities of both the employers and co-workers. Both state and federal workers compensation statutes provide this structure.

Frequently asked question’s about workers compensation claims:
What is workers compensation?

Workers compensation is a legal procedure for compensating injuries that have taken place on the job.
What exactly does on the job constitute?

It means any action either at the place of work or for the cause of work and/or an employer.
What should I do if I am hurt on the job or during the course of working for an employer?

You should obviously take care of your injury by seeking medical help right away, and as soon as possible you should contact your employer and explain the circumstances.
What if I’m not hurt bad enough to see a doctor and don’t receive an examination, but then later develop a medical problem?

Workers compensation claims are approved by the state compensation board, and if you don’t verify your work injury by visiting a doctor for at least a minimum examination, then you may not be able to prove that your injury or medical problem was related to your job.
How do I file a claim and what responsibility does my employer have?

It is the individual’s responsibility to see to it that all paperwork has been filed correctly. You can obtain forms from your employer and medical records from your doctor. It is also advisable to seek legal advice in all cases as a precautionary measure. In more serious cases, you should definitely seek legal representation to protect your rights.
How much money can I receive, and what about lost wages or future wages?

It depends on the seriousness and nature of the injury. In addition, you will be entitled to recover medical fees, lost wages and future wages. Depending on the state you can receive ‘temporary total disability’ for short-term lost wages, ‘permanent partial disability’ for partial loss of function, or a ‘permanent total disability award’ for a total loss of function.
Can I sue my employer for my injuries?

No. Injured workers are compensated through a dedicated state compensation fund.
Is there any other assistance besides contacting a lawyer?

Yes, some unions have workers compensation representatives who are familiar with the process of filing a claim and what pitfalls to avoid while pursuing rewards. This will vary from state to state, and is worth looking into as a reinforcement for your claim.

Do you have additional questions about workers compensations issues?  If you need legal assistance with a workers compensation claim, please call Nichols Law Firm PLLC at (518) 483-2200 for a free consultation.