Every year, over 370 million workers go to their place of employment and are subsequently injured. Given that an accident is not something you expect, not everyone understands their rights, entitlements, and even if they qualify for workers’ compensation. It can be a foreign world to enter into when all you were trying to do was earn a living.
However, if you have been injured on the job, the following information can be worth knowing while you figure out what to do next.
What’s Involved in Workers’ Compensation?
The Department of Labor’s Office of Workers’ Compensation Programs exist to assist people who have suffered from an injury or illness while doing their job.
There are several wage replacement options within this compensation program, which can make some people feel overwhelmed. Fortunately, personal injury attorneys are knowledgeable on the processes involved to make a claim, so they can walk you through it every step of the way.
How Do You Become Eligible for Workers’ Compensation?
An experienced injury attorney can answer this question. Not every worker will qualify, as a number of criteria have to be met.
These include:
- Being injured on the job or being exposed to dangerous chemicals, toxins, or diseases while on the job.
- The incident or accident led to your injury or illness while performing your job as you would any other day.
If you’re unsure how to prove you meet these criteria, or you’re uncertain if you do, consult your Dallas personal injury lawyer who is skilled in handling workplace injury claims.
Workers’ Compensation Payment Types
There is no one-size-fits-all approach to workers’ compensation payment types. Your injury or accident is unique to you, and your payment can reflect that. Sometimes, the payments you receive are delivered in a lump sum. Other times, they are scheduled.
Typically, the total compensation amount is reflective of the illness or injuries you sustained. Whether or not you’re partially or totally disabled may also play a part in the figure.
If you’re a wage earner, a different set of rules apply in this instance, too. In many cases, you can receive non-scheduled payments when you’re not able to return to work. These are calculated on your wage-earning capacity after the injury and the average amount you earned before it.
Leave Without Pay
Many companies and businesses may offer their worker the opportunity to take Leave Without Pay (LWOP) after they have suffered an injury or illness. The number of days can depend on the business, and some workers may be able to use vacation leave and sick leave.
How Long Do I Have to Apply for Workers’ Compensation?
The sooner you apply for workers’ compensation, the better. Immediately after any emergency situations relating to your injury or accident are taken care of, it’s essential to start looking at your compensation options. Fortunately, a workplace injury attorney can assist with this process.
It’s essential to apply through a supervisor within 30 days of the incident. If the incident resulted in long-term disability or death, you have three years to file the appropriate paperwork.
Workers’ Compensation Applications Don’t Have to Be Daunting
As scary as it can be to file a workers’ compensation application, it can offer much-needed peace of mind. Otherwise, you may wonder how you’re supposed to support yourself and your loved one when you’re no longer able to work.
Though, it definitely helps to have an expert attorney on your side. After a workplace accident – be it a slip and fall or something else – today to find out what your rights are. After working with J. Alexander Law Firm, you may find that the entire process goes a lot more smoothly than you thought.