Injury Compensation for Lost Work Time

Exceptions to Workers Compensation for Injuries
Calculating Compensation for Lost Wages
When and Why a Lawyer May be Necessary

If you are injured at work, you may qualify for state workers' compensation benefits. It's important for the employer to prepare an accident report to help determine if you qualify for work injury compensation. Workers' compensation covers most work-related physical or mental injuries and illnesses. Benefits include:

• medical care
• lost wages
• temporary disability benefits
• permanent disability benefits
• vocational rehabilitation
• death benefits

Exceptions to State Workers' Compensation

State mandated insurance programs provide compensation to employees who suffer job-related injuries and illnesses. Generally, an employer receives benefits regardless of who is at fault. But there are exceptions for:

• injuries suffered while the employee was intoxicated
• injuries suffered while an employee committed a crime
• injuries suffered when an employee's conduct violated company policy

Under these circumstances, the employee may be denied benefits. Also, some specific types of workers may be excluded from receiving state compensation benefits including:

• independent contractors
• farm, maritime, and railroad employees
• employees from very small businesses (only 3-5 employees)

Calculating Benefit Amounts for Lost Work Time

State and federal laws each have a different method for calculating benefit payments amounts. But generally payments will include:

• lost wages and earnings
• lost work time

For example, some states' work injury compensation includes a salary continuation plan which pays all wages for all or part of the time an employee is temporarily disabled. Minimum and maximum amounts are set by state law. All forms of income are considered including wages, food, lodging, tips, commissions, overtime, and bonuses.

Calculation is different for permanent disability. A percentage of the disability caused by the work injury equals a specific dollar amount, depending on the date of the injury and the employee's average weekly wage.

Getting Legal Help

When seeking work injury compensation, an attorney can help in the following ways:

• Review the original work accident report
• Plan a strategy for your case
• Gather information to support your claim
• Keep track of deadlines for filing certain documents
• Represent you before a workers' compensation judge
• Determine if you also qualify for Social Security Disability

Determine if you can pursue a private lawsuit against your employer for the employer's reckless or intentional actions causing your injury at work.