Workers’ compensation is a type of insurance that an employer takes out to cover the possibility that an employee is injured or becomes ill at work. Most employers are required by state law to provide this type of insurance cover. There are some exceptions and there are variations in compensation regulations from state to state and between different insurance providers. The types of compensation normally include medical treatment, disability, both temporary and permanent, rehabilitation and funeral expenses, if the employee dies. Can I Choose the Type of Compensation I Need? The types of workers’ compensation are normally fixed by state law and each employer’s insurance provider. Also, if your employer does have workers’ compensation insurance, you generally won’t be allowed to sue your employer through the civil court. In fact, workers’ compensation is seen as a benefit to both the worker and the employer. Workers’ compensation is a no-fault type of insurance unlike personal injury. Even if you were to blame for an accident at work, you should still be able to claim compensation. The only reason why it might be denied is if you try and claim for an injury or illness that was not work related, or you were intoxicated at work or deliberately cause the accident. At the same time, the employer is normally saved the expense of being sued. The Different Types of Workers’ Compensation Explained The types of compensation vary somewhat from state to state, but they all cover medical treatment and lost wages. Medical treatment The medical treatment may be restricted to a specific provider or to a provider within a provider network. In some states, you may be able to choose your own doctor or hospital, depending on need. Disability Payments There are of four types of disability payments: temporary total disability; temporary partial disability; permanent total disabilty; permanent partial disability. Temporary disability payments cover lost wages during the temporary period that you are unable to work; Total disability means you cannot do any work at all, while partial disability means that you cannot work as long, or in your original capacity. Permanent disability compensation is paid when the injury or illness has caused permanent impairment. Lost wages or other earnings are rarely the full amount that you would normally earn. They tend to average around two thirds of normal earnings. Other types of compensation If you cannot return to your normal type of work, compensation may be available to retrain you in another type of work, either for the same employer, or another employer altogether. Funeral and other expenses such as temporary lost earnings may be available for beneficiaries of the employee if he or she dies as a result of an injury or illness that is work related. Why You May Find it Useful to Contact a Workers’ Compensation Lawyer Even though workers’ compensation seems as if it should be easy to obtain, it rarely is. There are a number of reasons why your employer’s insurer may be unwilling to make a payment. If this does seem likely or your compensation claim is denied for any reason, it will prove beneficial to contact a workers’ compensation attorney to discuss your legal options. Fill out the Free Case Evaluation to discuss your options with a lawyer. Additional Resources Types of Workers’ Compensation Cases End Up Going to Court What Types of Injuries Does a Workers’ Compensation Claim Cover?
