If you are injured at work, you could become unemployed as a result of the accident. Therefore, it is important that you know if you are eligible to receive workers' compensation in the United States.
For workers who support their families, their daily work is even more concerning because of the price they pay. As a result, many report their workplace accidents but do not know how to manage employee severance compensation.
Therefore, it is very important to understand your rights as an employee, since this is very helpful when you find yourself in a situation where the company wants to pay you a severance, which affects your ability to file a claim.Read also: What is considered workers' compensation in the United States?In this case, you should contact Conexión Legal as soon as possible to obtain free consultation and subsequently contact a transparent and reliable work attorney. This way, we will be able to help you obtain the maximum compensation for this event. Contact us right now. We serve 24/7 and we evaluate your case with a Spanish-speaking attorney.
The Workers' Compensation Law establishes the types of compensation that workers injured at work are entitled to. The law regulates the vast majority of workers with the exception of independent contractors. These benefits are calculated based on the type of injury suffered and the duration and/or severity of the injury.
Workers' compensation, or work accident compensation in the United States, is the money that a person typically receives for losses, injuries, or suffering. The authorities take into account the following factors and considerations when calculating workers' compensation reviews to which employees are entitled: injured body parts, the region in which the incident occurred, the occupational classification of the injured worker and that of the company.
What steps should I follow if I suffer a work accident?
If you suffer a work accident, you must follow these steps:
- Report the accident to your supervisor or authorized personnel of your company as soon as possible, within 120 days of the injury.
- Seek urgent medical attention if you need it. You can go to your company's mutual health center or the nearest emergency health center, indicating that it is a work accident.
- Choose a doctor from the list of doctors approved by your company, if it has one, and follow their instructions for treatment. If you want to be treated by a doctor not on the list, you must obtain a recommendation and approval from someone in your company's plan.
- File a workers' compensation claim with your state's insurance department if your employer does not do so for you or if you are not satisfied with the benefits they offer you.
- Seek free legal advice from an attorney specialized in work accidents if you have questions about your rights or if you want to file a personal injury lawsuit against your employer or a third party responsible.
Read also: What is labor law and how does it affect workers in the United States?
How to calculate workers' compensation?
As an employee, you are entitled to be paid for any type of treatment you receive for an injury suffered at the workplace. In many cases, your employer is part of the Preferred Provider Plan (PPP) approved by the insurance department. If you want to be treated by a doctor not on the plan, they must be recommended and approved by a PPP representative and your employer must know about it.
The days lost due to your injury do not have to be consecutive. To calculate your time savings, you must first determine if you have a second job and your boss will know. In this case, add your regular weekly salary and your mandatory overtime salary, as well as your weekly salary for the second job.The period considered is the last 52 weeks in which you were paid in full before the accident. Divide the total weekly amount of the two salary classes (regular and mandatory overtime, and in some cases the second job) by 52 weeks and you will be entitled to 2/3 of the calculated average.
If your doctor allows you to return to work but due to another disability you are placed in another area with a lower salary and your employer places you in another area, you will still be entitled to partial disability benefits. In this case, you will receive the average payment amount you received in the 52 weeks before the accident, as well as the average weekly discount you received for your new disability (discount not included).Read also: Benefits for Undocumented Workers for Work Accidents in the United StatesIn this case, you are entitled to 2/3 of the average. For example, if you earned an average of $1,000 per week before the accident and now have a net income of $500 per week. The average weekly cost is $750, of which 2/3 is $562. Contact us by calling 1800 201 1220 or write to us via WhatsAppas soon as possible if you are or suspect you need to request work accident compensation.
You will receive the best free consultation and remember: If you don't win, you don't pay.
What types of injuries are covered by workers' compensation?
Workers' compensation covers a wide variety of injuries and illnesses that are due to workers' employment, provided they occur within the "course and scope" of employment. Some examples of injuries covered by workers' compensation are:
- Sprains, strains, and muscle tears
- Broken bones and bone fractures
- Cuts, lacerations, and puncture wounds
- Repetitive Strain Injuries (RSI), such as carpal tunnel, tendinitis, and back pain
- Slips, trips, and falls
- Burns
- Amputations
- Illnesses caused by exposure to dangerous chemicals or biological agents
These are just a few examples. Each case is different and depends on the specific circumstances of the injury or illness. If you have questions about whether your injury or condition is covered by workers' compensation, we recommend that you consult with an attorney specialized in work accidents.
What benefits can I receive from workers' compensation?
Workers' compensation benefits can vary depending on the state where you live and the severity of your injury or illness. However, in general, you can receive the following benefits:
- Payment for lost wages: this is an economic compensation that covers a portion of your average weekly salary while you are unable to work. It is usually paid every two weeks and is equivalent to 66% of your salary.
- Payment for temporary or permanent disability: this is an economic compensation that covers permanent damage or loss of function of some part of your body as a result of your injury or illness. The amount depends on the type and degree of disability you have.
- Payment of your medical bills: this is the full or partial coverage of medical and surgical expenses related to your injury or illness, including medicines, treatments, rehabilitation, psychological consultations, orthopedic devices, etc. You must see a doctor approved by your employer or insurance to receive this benefit.
- Death benefits: this is an economic compensation paid to the dependents of workers who have died as a result of their employment. The amount depends on the deceased worker's salary and the number and degree of dependence of the beneficiaries
Read also: How much is an eye worth for a work accident?
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