If you were diagnosed with an occupational illness, or if you have been hurt while working, you are eligible to file a workers’ compensation claim. Workers’ compensation is a no-fault insurance program that includes medical benefits and covers a portion of lost wages for injured workers. Every state sets its own workers’ compensation laws, but most employers across the U.S. are required to maintain the coverage. Sometimes, legitimate workers’ compensation claims are denied. In that case, a workers’ compensation attorney will help the injured worker file an appeal. In the meantime, the injured worker is not having medical expenses covered and is not receiving a portion of their lost wages from the workers’ compensation insurer. The Appeals Process When an appeal is filed, you are disputing the decision of your employer’s insurance company. As an example, you were working in the stockroom when you slipped and fell off the ladder, crashing into metal shelving and injuring your left shoulder. When your employer’s insurer learns that you had surgery on your left shoulder a couple of years ago, they deny your claim and allege that your injury was pre-existing and that your fall in the stockroom did not cause the damage. In that case, your attorney will gather evidence and documentation to argue otherwise. Your attorney will show that your previous injury was healed and that your current injury is different and was the result of the fall on the job. How Do I Get Workers’ Compensation Back Pay? How you can get workers’ compensation back pay and how much you can receive depends on the state in which you work and which your claim was filed. The state guidelines can vary as far as it goes for workers’ comp and back pay. Some states say you must be out of work seven days before you are eligible for workers’ compensation benefits. Other states require you to be out 14 days before you can get back pay for missed days. Then, there are some states that require you to be out of work 21 days before you can get pay for missed days. You should check your state requirements for workers’ compensation, so you will know how long you must be off work before you can receive compensation for your lost wages. When you reach a settlement for workers’ comp, you can ask for back pay for that time you were unable to work because of the work-related injury or work-related illness. You will need copies of medical bills, medical records, and documentation that shows how long you are off work. Evidence is essential to the success of your workers’ compensation claim and how much back pay you receive for your time off work. A workers’ compensation attorney can help you determine the value of your claim and how much back pay you can receive for your claim. An attorney will be familiar with the applicable state laws and will know how much back pay you are eligible for and how long you must be off work before worker’s compensation kicks in to pay your lost wages. Winning the Appeal When the right evidence has been presented, you can win the appeal and get access to the benefits that you need during this challenging time after a workplace injury. While the appeal was going through the proper steps, you were not receiving any money to cover your lost income. When your appeal is won, you will receive back pay for your lost wages since the accident happened and you were first unable to work. Your workers’ compensation pay is based on your average weekly salary or hourly wage. They will then calculate any missed work or lost wages. You will receive about two-thirds of your regular salary while you are recovering from your injuries. That amount will be multiplied by the number of weeks that have passed since you first were hurt at work. You might receive a lump sum settlement where they will include a figure for work you are expected to miss in the future. Consult with a Workers’ Compensation Attorney If you have been hurt at work and you have been denied workers’ compensation benefits, you should enlist the help of a workers’ compensation attorney in your state. A lawyer from your state will understand state laws and will be able to determine the best way to handle your workers’ comp claim and your appeal. To have your case reviewed by a lawyer who represents injured workers, complete the Free Case Evaluation Form on this page today! Get your appeal handled in a timely manner. Additional Resources My Claim was Denied. Can I Appeal It? How Many Times Can I Appeal My Case?
