When it comes to workers compensation benefits, many injured employees want to know the extent of their rights and how much coverage they can receive depending on the scenario. Listed below we answer a few commonly asked questions from people who are going through the process of filing a workers compensation claim, and want to know how likely they are to qualify.
How Can I Find Out If I Qualify for Worker’s Compensation?
The process behind figuring out if you qualify for workers compensation can be tricky, depending on the circumstance. The two most common factors that determine if you qualify are if you are an employee and if your injury happened due to your employment task or environment. This may sound simple, but there are details of your event that can prevent you from receiving this benefit.
Are There Limits to Workers Compensation Benefits?
Workers compensation can cover most job related injuries. The system is designed to help injured workers who have sustained injuries due events such as poor standards, or negligence of proper safety in the work environment. However, there are limits to what a person can receive. Coverage can be denied if the injury was self-inflicted, occurred while an employee was committing a crime and/or the employee conduct had violated a company policy.
If I Return to Work, Can I Continue Receiving Workers Compensation Benefits?
Possibly. If you return to work and are able to earn wages that are either equal to or greater than what you were making before the injury, then benefits may be stopped. If you are still enduring a loss of wage due to the injury, then you may be able to continue receiving benefits but potentially of a lesser monetary amount.
Can an Employee Always Receive Compensation for Injury on the Job?
If you are under the influence of drugs or intoxicated at work when the accident happens, you may not be covered for workers compensation. Additionally, if an employee acted in a reckless way in order to these collect benefits, they may not be granted.
Can an Employee Receive Benefits Even If Happened While Not at the Workplace?
It depends on the laws for your state and the details surrounding the incident. If an injury occurs within the scope of your employment, it can be covered. For example, if an employee travels for his or her job and is injured while staying at the hotel or during a business errand, their injures may be covered.
Should I Seek Help From an Attorney?
Some people choose to hire an attorney if they feel their injury qualifies them for workers compensation benefits, but their employer refused to give payment. Another reason someone may consult with an attorney is if they are currently receiving benefits, but the coverage is not sufficient and they believe a higher amount should be awarded. It is not uncommon for people to be afraid of causing friction between themselves and an employer, thus meaning they may not get rightful benefits or the sufficient amount. Work with an experienced attorney about your options such as the Work Injury Lawyer West Palm Beach locals turn to.
Thank you to Law Offices of Franks, Koenig, & Neuwelt for providing needed insight into workers compensation.