On the Job Injury Pay: How to Demand Your Protection as an Employee
If you’ve been hurt on your job, it’s your employer’s duty to help you recover from your injuries—physically and financially. While that’s the way things should be, receiving on the job injury pay is sometimes a hassle.
In such cases, getting a job injury attorney is your best course of action. An experienced lawyer can make sure you’re no longer pushed around by your boss.
To learn more about the process of receiving workers’ compensation pay, keep reading the information below.
What Is On The Job Injury Pay?
On-the-job injury pay, or Workers’ Compensation, is coverage that is paid by your employer. In most cases, the medical expenses and time missed from work due to a job-related injury is paid for by an employer.
For instance, if you work at a restaurant and you slip and fall on ice in the freezer, the company you work for should be responsible for taking care of your medical expenses.
In addition, workers’ comp should cover the days that you’re off of work because of your injury. Below are some of the most common items covered by on the job injury pay:
- Hospital care
- Prescription meds
- Braces, slings, or crutches
- Dental care
- Chiropractic visits
- Surgery
- Doctor’s visits
- Medical supplies
To receive medical treatment for your injuries, you have to make sure you go to a doctor that’s approved by your employer’s insurance carrier. As long as you see a physician that’s covered by their insurance, with workers’ compensation you won’t be responsible for the medical expenses.
Also, when you get medical treatment under workers’ compensation, the bills go directly to the insurer, not you.
Compensation for Lost Wages
If your income is less because of a job-related injury or illness, you may be eligible to receive monetary benefits.
Also, you could get these benefits if you’ve been off of work for more than seven calendar days per the advice of an approved physician. In addition, if the following is a factor:
- You can’t return to work due to your accident
- You can work, but because of your physical condition, you make less than 80% of what you earned prior to the injury
- Your physician says you will have a permanent impairment due to your injury
Workers’ comp payments can help you through the time period when you are away from work because of an injury or illness. These monetary benefits start on the eighth day of full or partial disability.
You’ll receive funds for the first seven days. However, that’s only if you are unable to work for more than 21 days.
Keep in mind, the days do not have to be continual calendar days.
Is Your Injury Actually Work-Related?
Before you put in a workers’ comp claim or file for other on-the-job injury pay, make sure the accident is work-related. In order to be considered for compensation, the injury has to take place while you’re performing your work duties or other tasks required by your employer.
This could also include company picnics, parties, or other social gatherings organized by the employer.
Furthermore, workers’ comp policies might cover work-related injuries even if you were disobeying company policy. For example, engaging in horseplay while on the clock.
Common Factors Considered in a Workers’ Compensation Case
When it comes to getting on-the-job injury pay, there are certain factors that are considered to determine your eligibility.
For instance, an injury that happened on your lunch break isn’t considered work-related. Unless perhaps it happened in the company cafeteria or involved the employer in some manner.
Also, if alcohol contributed to your accident, it might be deemed as work-related. However, it would need to have occurred during an employer event, like a Christmas party.
Furthermore, mental conditions are treated the same as physical ones. But that’s only if it is concluded that the issue occurred as a result of your job.
A pre-existing condition that worsens while doing job duties is also considered work-related.
As you can see, the determination of whether you receive compensation depends on the circumstances. There’s no textbook rule for determining workers’ compensation pay, which is why hiring a job injury attorney is the best way to get informed about your case and get the funding you deserve.
Protect Yourself
The process of getting workers’ compensation payments should be simple, but sometimes it’s not. That’s why job injury lawyers are so vital in these situations. To make sure that you aren’t mistreated by your employer, take the following precautions:
- Don’t miss any of your doctor’s appointments
- Fill out all workers’ compensation forms on time
- Keep records of everything involving your claim
- Go back to work as soon as the doctor releases you to do so
- Report additional income to the workers’ compensation insurance provider
- Get approval from your workers’ comp insurance carrier before switching to a different physician
Keep in mind that if you haven’t undergone medical care or received lost wage payments, your rights to receive workers’ comp benefits could be revoked after one year.
Get the Compensation You Deserve
Were you hurt at work and your employer is giving you a hard time? At LaBovick Law Group, our experienced workers’ compensation lawyers can help. We’re Warriors for Justice, and we’ll fight to get you the on-the-job injury pay that is owed to you.
Our firm covers Palm Beach, St. Lucie, Broward, and Dade County areas. If you’re a Florida resident and you need representation, call us at (561) 623-3681 for a free consultation.
You can also contact us on our website for more information. One of our experienced associates will get back to you as soon as possible.
