There is a lot of confusion about workers’ compensation, and the truth is that most people don’t care until they sustain an injury. The following are a few basic things to help you clear up any problems you may have with understanding some of the issues relating to workers’ compensation.
Workers’ Compensation is different than Disability
Workers’ compensation is an insurance that employers have to cover injuries to their employees. Disability is a program run by the federal government. Disability was designed to provide those who cannot work with an income. As such, it is a program that will provide you with income with no time limit. Workers’ compensation is designed to only provide you with an income until you can return to work. Although each state is different, generally speaking, the time limit is anywhere from three to seven years. If you qualify for workers’ compensation, you and begin collecting checks, you will need to transition to disability if your workplace injury prevents you from working anymore.
You must have been Injured at Work
As long as you were injured at work, you will qualify for workers’ compensation. It is not an issue concerning who is to blame for your injury. The fact that you were hurt on the job is enough. You should make sure that you see a doctor immediately after your injury. Employers, when they’re smart, will encourage their employees to seek medical attention. It is important from the employee’s point of view to document the injury, so if it is necessary to file for workers’ compensation, you will have a good chance of getting benefits. An employer, on the other hand, wants to make sure that any benefits paid for workers’ compensation are genuine. Sometimes people attempt to fake an injury.
When to Contact an Attorney
You can file for worker’s compensation on your own and many people do. The big problem will occur if you are denied your benefits. At this point, you shouldn’t hesitate to contact an attorney. Often the problem will be that you filled out the forms incorrectly, or you failed to provide the proper documentation to support your claim. An attorney can help you with both of these items on appeal. Another issue is the amount of your benefits. You will not get the amount of money you earned while on the job, but you are entitled to approximately two-thirds of your income. This amount is calculated from an average of your last 52 weeks of income. Although the calculation is straightforward, the amount of your income used for this calculation may not be accurate. If this is the case, then you should contact an attorney.
Other reasons you need an Attorney?
If a doctor has cleared you to work but you still have health issues, you need to speak to a lawyer. You need to be ready to return to your job and not cleared to work in general. If you are now able to do certain tasks that you have no skill at doing, this is not going to help much. In addition, if you are cleared by a doctor and go back to work only to find that your employer does not want you back, you need a lawyer. Essentially, you have been fired. This type of thing happens frequently, and it is illegal.
A personal injury attorney in Iowa often handles workers’ compensation cases as well, so this is the type of lawyer you should seek out.