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Key Points to Understand Regarding Workers Compensation Claims

Every state has laws in place that require employers of a specific size to provide their employees with workers' compensation benefits. These benefits are a form of insurance that offers workers who have been injured on the job compensation for wage replacement and medical benefits. It also pays death benefits to the families of those employees who have been killed while on the job.

Today, we will go over a few things you should be aware of when it comes to workers' compensation claims.

How much do you get for these claims?


The amount of weekly benefits you get from workers' compensation claims for total disability is approximately 60 percent of the employee's average weekly wage received before the injuries. This number may also depend on the number of dependents the employee has. However, it cannot be more than two-thirds of the average weekly rate. Workers' compensation may also pay for funeral and burial expenses totaling up to $7,500.

What is included in the workers' compensation wages?


Under these benefits, employees receive wages or salaries that include retroactive wages or salaries. It does not, however, include any tips that may have been received on the job. Tips and severance pay should be disregarded in payroll, with the exception of any accrued vacation, sick time, commissions, or bonuses that have been earned. All of these are included.

Is workers' comp based on gross or net wages?


Your attorney can help determine your average weekly wages by using your gross income. Your gross income is the sum of all wages and other forms of earning before any deductions or taxes have been taken out.

What qualifies as a workers' compensation injury?


There are two requirements needed to qualify for workers' compensation. First, you must be an employee of a company that has workers' comp insurance, and you must have sustained the injury while at work as a result of the duties you were performing for your job.

What is not covered under workers' compensation?


While it covers most work-related injuries, there are a few exceptions. It doesn't cover any injuries that have been sustained as the result of the employee being intoxicated or under the influence of illegal drugs. Additionally, it doesn't cover the employee if they were not on the job, and the injuries were sustained because their conduct violated company policy.

Do you need an attorney for a workers' comp case?


No matter the circumstances, you are entitled to obtain a personal injury attorney to help with your workers' compensation claim. This is especially true if your injuries prevent you from working permanently. Your lawyer can advise you on what needs to be done and how you can file for Social Security disability as well.

How do you find a workers' compensation attorney?


Referrals are always a good way to find a reputable workers' compensation attorney to help with your claim. Legal advice is always helpful for any work-related injury. If you only missed a few days of work and your injuries have completely healed; however, you may not need to hire an attorney.

For all other cases, it is advisable. The insurance company may end up denying the claim for some reason or not offer to pay medical expenses and temporary disability benefits for the missed days of work. This is when your attorney can step in and help you.

Long-lasting injuries may mean you are entitled to permanent disability benefits as well as other benefits. Your attorney can help you navigate the process easier and more efficiently and help you with any bumps there may be in the road.