Burlington workers who are injured on the job should receive benefits through their employer’s workers’ compensation insurance. The workers’ compensation scheme is supposed to make it easy for employees to receive the care they need so they can get back to work with as little delay as possible. However, workers’ compensation insurance providers can be reluctant to pay claims. Reach out to Drew Palcsik to discuss your case.
Employees who suffer an injury at work that renders them unable to perform job tasks are entitled to receive weekly indemnity payments to make up for wages lost while they are unable to work. The typical benefit is approximately 2/3 of their average weekly wage. Sadly, Worker’s Comp does not cover injuries such as pain and suffering, instead you’d have to file a personal injury lawsuit.
If an employee is not able to work at all, the injured worker will receive temporary total disability payments. In situations where injured employees can work part-time hours, they may receive temporary partial disability benefits.
When an injured employee’s recovery reaches the maximum level of improvement, then the temporary disability benefits may stop.
Permanent Impairment Benefits
After an employee’s recovery plateaus and no further medical improvement is expected, some permanent disability often remains. This is referred to as a permanent impairment.
If you report the injury in accordance with workers’ compensation requirements, you should be entitled to receive reasonable medical care for the injury. Medical benefits should include hospital costs, surgical expenses, remedial care, medications, and physical therapy. You should also be reimbursed for travel costs associated with treatment.
Insurance companies often disagree as to whether medical care is reasonable or related to the injury.
If you are unable to return to customary employment because of medical restrictions and the employer does not offer a job that accommodates the restrictions, you may be entitled to receive vocational rehabilitation services. These services provide training in a new field with similar pay opportunities.
Many employees are not aware that they qualify for vocational benefits, and employers and insurance companies often will not volunteer this information.
Personal Injury and Workers’ Compensation
Workers’ compensation can fulfill its intended role and provide the benefits you need to keep moving forward after an injury on the job.
Many people wonder whether they can raise a personal injury claim if they are receiving workers’ compensation. The answer is yes, sometimes.
If you are injured on the job, but your injury is due to the negligence of a third party who is not your employer – another driver on the road, a property owner or the manufacturer of a defective product – you have the right to make a personal injury claim against that third party.
In those cases, you will still receive workers’ compensation but will have to pay most of it back from any settlement or jury verdict in the personal injury case.
These are the most complicated kinds of cases, and it helps to work with an experienced lawyer who understands how workers’ compensation and personal injury work together.
If you think you have a personal injury claim from an on-the-job injury, give Drew a call at Champlain Valley Law.