Common Workers Compensation Laws

Although workers compensation laws vary from state to state, there are several common workers compensation laws that pertain to all states. The National Commission on State Workers Compensation Laws was appointed by President Nixon in 1971 to study and oversee the workers compensation laws under the authorization of the Occupational Safety and Health Act (OSHA). This group issued several recommendations to upgrade state workers compensation laws, to include better disability benefits, and provide unlimited medical care and rehabilitation benefits for all employees who were eligible for the benefit.

Work Related Injuries

Employers in most states can recover for injury or death arising out of and in the natural course of employment. In some states, the injury includes all personal injury, such as damage to glasses, dentures and other devices. Every state has its own definition of an accident that caused the injury.

Filing Workers Compensation Claims

You will be required to give written notice of your injury to your employer as soon as possible, and will need to file paperwork as required by your employer’s workers compensation insurance provider. If you do not submit your workers compensation claim forms within a 30-day period, or your employer does not submit your paperwork on time, your claim may be denied. Most states require comprehensive medical documentation about your injury, as well as information from witnesses.
If your employer is unable to provide you with the forms to file your workers compensation claim, you can turn to your state’s Employee Assistance Office and other state agencies for assistance. You can also work directly with an experienced workers compensation attorney.

Workers Compensation Claim Denials

You may be denied a workers compensation claim if you do not fill out necessary paperwork in a timely manner, fail to provide medical examination reports, or if you do not fill out your paperwork completely. Your workers compensation claim may also be denied if you do not substantiate your injury or disability with enough evidence.

Workers Compensation Appeals

If you wish to dispute a workers compensation denial, you will need to file a petition for benefits with your state’s administrative judge. This can be a complicated process, so it is in your best interest to  work directly with a qualified workers compensation attorney.

Collecting Workers Compensation Benefits

Workers compensation rate benefits vary from state to state, and are typically at least 66 percent of your gross weekly wage or salary. In some cases, you may be eligible for a lump sum payment. Employers typically pay for medical bills to cover the cost of treatment, prescriptions and other healthcare services. If you are unable to work for more than seven days, you may be eligible for temporary disability benefits. If you are permanently disabled, you may be eligible for permanent disability benefits.

Hiring a workers compensation lawyer is optional in every state, but it is in your best interest to do so when you have been injured on the job. A qualified and experienced workers compensation attorney can guide you through the claims process and ensure that you receive the maximum benefits.

Get your FREE Workers Compensation Evaluation today and a qualified workers compensation attorney will be in touch with you shortly.