Answering Your Questions About Workers’ Compensation
Q: What is workers’ compensation?
A: Workers’ compensation is a form of insurance that provides injured workers medical and wage loss benefits. In exchange for this protection, workers are not allowed to sue their employers for losses suffered as a result of a workplace injury.
Q: What benefits does workers’ compensation provide for injured workers?
A: If your claim is approved, you can expect to obtain benefits for medical expenses and a portion of lost wages. Depending on the nature and extent of your injury, you may obtain temporary or permanent wage loss benefits.
Q: How can I afford to pay a lawyer when my injury prevents me from working?
A: We handle workers’ compensation cases on a contingent fee basis. This means that you don’t pay us unless we win your case. Our fee will come out of your recovery.
Q: What does ‘arising out of employment’ mean?
A: Arising out of employment means that, in order to be covered by workers’ compensation, your injury must have occurred while you were engaged in a work-related activity.
Q: Are there exceptions to the general rule that when employees are injured at work, they are eligible for workers’ compensation benefits?
A: There are very few exceptions. If a worker is under the influence of alcohol or drugs at the time of the accident, he or she may be precluded from receiving benefits.
Q: Can I obtain additional compensation if the accident was the employer’s fault?
A: Generally, no. The only situation where this might be possible is if the employer committed gross negligence or willfully caused your injury.
Q: What if my injury was caused by a negligent third party?
A: If a negligent third party caused your accident, you may file a personal injury claim against that party. Examples of third-party liability accidents include drivers getting injured by careless motorists or accidents caused by negligent contractors who are not employees of your company.