How To Determine The Extent of a Job Related Injury

Anyone who has suffered a job related injury knows that the first goal of most employers is to assess and treat the extent of the injury. For many, that merely takes a visit to the doctor to be treated and released. In a few cases, however, it can be much more difficult. In fact, it can take a great deal of time and expense to do so. The good news is that in the vast majority of businesses, those injuries will be covered completely by worker’s compensation insurance.

Worker’s Compensation Benefits

The law requires that all states have some form of worker’s compensation insurance. The employer pays for the insurance, and their employees receive full coverage for any injury sustained on the job. This coverage varies by state, but it generally provides:

  • Medical costs
  • Lost wages
  • A percentage of the employee’s wages while they recuperate

Unlike other personal injury claims, however, worker’s compensation does not pay for pain and suffering, loss of enjoyment of life, punitive damages in the case of negligence, and more. In addition, the employee is unable to sue for these additional damages.

Permanent Injury Benefits

In more severe cases, an employee may suffer some degree of permanent injuries. There are three categories of permanent injuries that worker’s compensation must evaluate, and there are standard types of benefits they may receive:

  • Total permanent disabilities – the employee will probably never be able to work again. Worker’s comp generally awards a lump sum payment appropriate for the age, severity of injury, and earning power of the employee.
  • Partial permanent disabilities – the employee will never be able to do some jobs, including the job the previously held, but they will have some functionality. Worker’s comp generally awards two-thirds of their previous salary while retraining them for a job they can accomplish.
  • Temporary disabilities – the employee will be able to return to their former position at some future date. Worker’s comp generally continues to pay two-thirds of their former pay until they can return to their position.

Getting Legal Help with Job Related Injury

While the worker’s compensation adjuster plays a primary role in coordinating benefits for someone injured on the job, the employee has the right to seek the help of a worker’s comp lawyer if they feel they are not being compensated or treated appropriately. These injuries can be devastating, and worker’s comp insurance doctors have some interest in satisfying the business owner. However, if it turns into improper treatment that abuses the rights of the employee, they should be sure to consult a worker’s comp attorney for help.

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