If you have suffered an injury on the job, you are allowed to file a claim with your employer's worker's compensation insurance. However, you need to completely understand the benefits you are entitled to. The following are some things you should know when filing a worker's compensation claim:
The Process Takes Work
One thing you need to know is your employer is not going to make the claim for you. Your employer is only required to file the injury report to your state. This does not mean you will receive benefits without work on your part. The insurer for your employer has some requirements you must meet as well. Your injury will require you to visit different medical providers, provide medical records, and be in communication with the insurer and your human resources department within specified deadlines.
A Claim Is Not a Lawsuit
You should also know you a worker's compensation claim is not akin to a lawsuit against your employer. As an employee of your company, you are entitled to worker's compensation as a benefit should you get hurt on the job. Employer's carry worker's compensation insurance for the purpose of avoiding lawsuits from employees when they are injured.
You Cannot Sue for Damages in Conjunction with Worker's Compensation
The goal of worker's compensation is to prevent employees from suing the employer if he or she is hurt. There is no stipulation that allows you to receive pain and suffering compensation within a worker's compensation claim. This is because pain and suffering is a non-economic damage, which means you can only recover any money you had to spend out of your own pocket. Your worker's compensation claim will pay for all of your medical care pertaining to your work injury, your lost income, and other expenses you may incur as part of your injury.
The case is different, however, if your employer either does not carry worker's compensation insurance or if they allowed their insurance to lapse. In cases such as these, you may be allowed to sue your employer. You should discuss this situation with your attorney to see what your next steps are.
If you have any questions about worker's compensation that your human resources department is not able to answer accurately, you need to consult a worker's compensation attorney. He or she will have specific expertise in this area of the law and can help you navigate your worker's compensation claim.
