Workers Compensation Benefits Explained

Personal Injury Lawyer

Workers compensation benefits is an insurance program that offers medical care coverage to employees who get hurt or become sick while working. An employee could have tripped and fallen due to a wonky staircase, resulting in a broken leg. Or, an employee could have become ill due to being exposed to hazardous material. In general, workers compensation benefits were created to help employees get the medical care they need regardless of who was actually at-fault. But, as you may find out in the article here, they may be a few very serious exceptions to this rule.

Please read on for more information about workers compensation benefits, and when seeking legal assistance may be necessary.

What factors may result in a workers compensation claim denial?

While a workers compensation program intends to provide care for a worker who became injured or ill despite who was responsible, there are a few exceptions. An employee that was breaking a law, acted with intent or or was intoxicated when the work injury happened, may be grounds for a claim denial.

If I get hurt, can I see my own personal doctor?

Every state may have its own set of laws about workers compensation benefits. You may be able to see your own personal doctor, but only for a second opinion. You may have to visit with a doctor that was pre-assigned by your employer to evaluate your condition first. If you find that the work-assigned doctor and your physician are saying two completely different things about diagnosis and/or treatment, you may want to reach out to legal professional for some advice. The concern here may be that your employer has put pressure on the doctor to make your injury or illness seem less serious, so your condition costs them less money in the long run.

If my injuries were minor, should I still tell my employer?

Yes, even if you believe the injury may simply go away on its own, it is better to notify your immediate supervisor or manager. There may be a situation where you were hurt because of a flaw or hazard in the work environment. The duty of your employer is to provide a reasonably safe work space. So, your boss may need to fix something so no one else in the company gets hurt.

In which scenarios should I meet with an attorney?

Some employers may negligently or intentionally mishandle an employee’s workers compensation claim. The motivation behind this unlawful behavior may be to save the company money. Your employer can face legal consequences for trying to persuade you to not file for workers compensation, changing your work duties or role after submitting a request for benefits, or turning in your paperwork either late or not at all. It is also possible that once your claim was approved, you were retaliated against by your employer. If you believe any of these behaviors may have happened to you, it may be in your best interest to meet with a workmans comp lawyer Milwaukee, WI for guidance.



Thank you to our friends and contributors at Hickey & Turim, SC for their insight into workers compensation benefits.