Questions about Workers’ Compensation
US, Canada and Puerto Rico
Below are some frequently asked questions about Workers’ Compensation If you have additional questions, please contact the Workers’ Compensation lawyers Balkin & Eisbrouch, LLC today.
What are some common workplace injuries?
The most common workplace injuries are strains and sprains. Bruises, lacerations and Carpal Tunnel Syndrome are also frequently suffered on the job. Other common injuries include:
- Head injuries or brain trauma
- Tendonitis
- Chemical exposure
- Herniated discs
- Occupational respiratory diseases such as asthma, emphysema, and bronchitis
- Shoulder or elbow injuries including “Tennis Elbow”
- Repetitive stress injuries
- Fractured bones and knee injuries
- Burn injuries
- Foot injuries
- Amputation
- Eye injuries
- Stress-related injuries, such as a heart attack
- Illnesses made worse by work or workplace hazards
- Paralysis, paraplegia, quadriplegia, or other catastrophic injuries
- "Wrongful death" as a result of workplace injury
- Asbestos-related diseases such as mesothelioma
When should I report a claim?
You should report a claim as soon as it has happened. If you become injured or suspect that you have contracted a work-related disease, notify your supervisor or Human Resources Department immediately. Once the initial notification is made, you will need to fill out the appropriate paperwork. The faster you report you injury, the sooner you claim can be filed to collect benefits.
Who is responsible for providing the benefits under the Workers' Compensation Act?
By law, your employer is 100 percent responsible for providing benefits under this Act. The employer may provide benefits directly if it is self-insured, or indirectly through a Workers' Compensation insurance company. The Act never charges an employee for benefits provided by this program, nor will it ever charge you any portion of your employer’s Workers' Compensation insurance premium.
As an injured worker, what benefits am I entitled to while off work?
The Workers’ Compensation Act provides a worker with Temporary Total Disability (TTD) benefits for the entire time your doctor requires you to remain off work to receive treatment for your injuries. These benefits must be paid within 14 calendar days from the date your employer is notified of your injury. TTD benefits equal two-thirds of your average gross weekly salary, calculated for the year leading up to your accident (excluding overtime and bonuses subject to specific statutory minimums or maximums).
What benefits can I collect if my work-related injury is permanent?
While you may return to your old job after suffering a work-related injury, you may be eligible to collect compensation for partial permanent loss of use for any body part. These benefits are called Partial Permanent Disability (PPD) benefits and are calculated as 60 percent of your gross weekly wage for the year preceding your accident (subject to specific statutory minimums or maximums). There are other factors that must be taken into consideration to determine your PPD, such as uniqueness of your injury; that is why it is essential to contact an experienced Workers’ Compensation attorney.
Citizens of the United States, Canada and Puerto Rico who have been injured on the job should contact the Workers’ Compensation attorneys at Balkin & Eisbrouch, LLC today.
