How Does Workers’ Compensation Work?

Workers’ compensation is a state mandated insurance policy that an employer pays to have to cover an employee in case they get injured on the job or because of the job. This is an insurance that is of no cost to the employee. It is a sort of failsafe so the company you work for does not get sued because of an injury. If workers’ comp is filed, it means you are waiving your right to sue the company later.

What does Workers’ Compensation cover?

Workers’ comp covers all workplace injuries or illnesses unless the injuries/illnesses are self-inflicted, or if the company implements a drug or alcohol policy, where if drugs or alcohol were involved when the incident occurred, they would not be covered. Not all companies enforce the drug and alcohol testing procedure in their businesses.

File Workers’ comp or sue the employer?

Filing workers’ compensation (when the injury did not include drugs or alcohol) guarantees you that you will get reimbursed for any and all medical bills, and will pay you usually about two thirds of what your regular salary is for the days missed due to the injury or illness. Workers’ comp claims do not cover pain and suffering, also the employer is legally obligated to allow you to file a claim and cannot retaliate in any form or face legal action.

Not filing a workers’ comp claim and instead suing the employer may be a good decision if you know without a shadow of a doubt you will win. If you do win, you would most likely get reimbursed for lawyer fees, medical bills, work missed and pain and suffering.

How do I file Workers’ compensation?

To file a workers’ compensation claim you should follow the steps below:

  1. Request a workers’ comp claim form from your employer and inform them of what happened. If immediate help is needed, notify your employer as soon as possible about the incident. Check with your state procedures to see what time frame you have to file a claim. Most states limit the time frame to one month but some allow as short of time as few days or as long as two years.
  2. Give the completed workers’ compensation claim form to your employer. After this it is your employer’s responsibility to make sure the paperwork is sent to the correct places in the correct time.
  3. As long as the employer or their insurance company doesn’t dispute the claim, an adjuster will contact you with information on how to submit your medical bills for payment. Make sure to keep any and all papers and bills from your injury handy in case needed for questioning.
  4. Usually if you are out of work due to the injury payment to you of wages lost from being out of work are paid to you within a week.

Contat Waitz & Downer for Workers’ Compensation Help Today

The attorneys at Waitz & Downer serve Thibodaux, LA and are experts in worker’s compensation law. Contact Waitz & Downer today for your complimentary consultation so we can fight for the compensation you deserve!