By law, injured workers have the right to demand and receive compensation along with medical benefits following an injury sustained on the job or while performing work. Workers’ compensation law is mutually beneficial for employees and employers because should a worker get injured on the job, they become entitled to medical treatment and off-work benefits by law. The employer is protected by the Workers’ Compensation Act from a suit in District Court as long as they have coverage for on-the-job injuries. A workers’ compensation attorney can provide you valuable guidance as you navigate workers’ compensation law and seek rightful benefits from your employer.
Learning More About Workers’ Compensation
Workers’ compensation law can get complex and leave you completely clueless as to the right steps to take as you move forward with your case. This is why having attorneys in OKC to guide you through every stage of the process is very important. If you want to learn more about workers compensation and how it can help you, below are some of the most frequently asked questions:
1. What should I do after a workplace injury?
Accidents can happen anytime and anywhere—especially in high-risk workplaces. When an accident occurs to you on the job, reporting the incident right away is crucial. Do this even when the injury isn’t apparent at first. This is important because some injuries may not manifest right after an incident and there is often only a small window of time in which you can report workplace incidents.
2. Are work-related injuries that develop over time covered by workers’ compensation? The law does cover job-related injuries that are not necessarily a result of an accident. A common example of this is carpal tunnel syndrome, which results from repetitive motion.
3. Can I still receive workers’ compensation even when the accident was my fault?
Unless you have resorted to self-harm or have been under the influence of alcohol or drugs when the injury occurs, you will still be eligible for workers’ compensation benefits. Just the same, workers’ comp is a system that essentially releases employees from the need to prove who was at fault for the injury.
4. Am I allowed to see my own physician under workers’ compensation law?
Provisions vary across state lines in terms of choosing your own doctor for treatment or assessment of injuries. This also largely depends on the requirements of your employer’s insurance carrier.
5. Do I need legal representation to facilitate a claim?
The greater the extent of your injuries, the more that is at stake when it comes to your claim. This is why it is always better to seek the aid of a workers’ compensation attorney when initiating a claim.
6. How will I be paid while being out of work?
Missing 3 days of work entitles you to temporary disability benefits, which are paid on a weekly basis until your return to work.
7. How much will I get?
The basic rule entitles you to 70% of your gross weekly pay during the time of the injury up to the current state maximum.
8. My claim got denied. Can I still apply for unemployment?
Only if you are able to work but your employer has caused a separation from employment for reasons other than misconduct.
9. Can I get a monetary settlement while at work?
Once your medical treatment is completed, you may have a claim for permanent partial impairment should you have a loss of function as a result of the injury.
10. Can I collect monies for pain and suffering?
Pain and suffering is not recoverable in workers’ compensation but if you had an on-the-job injury caused by the negligence of a third party, you may be able to recover pain and suffering through a separate claim against that third party.