When an employee is injured by accident, or contracts a disease, arising out of and in the course of his/her employment, he/she may be entitled to receive Workers' Compensation. The employer, manager or supervisor should be notified that a work related injury has occurred, preferably immediately, but definitely within two weeks of said injury. Work need not be the sole cause of the injury; it is enough if work is a contributing cause.
An eligible injured employee is entitled to receive necessary medical, rehabilitation and hospital treatment, authorized by the Workers' Compensation Insurance Company, as well as wages which are based upon the employee's earnings and applicable law. Claims for Workers' Compensation must be formally filed within two years after the date on which the accident occurred, or within two years of the last payment of compensation, which includes the furnishing of medical treatment.
The Workers' Compensation Law was created to help all employees who become hurt, to get the medical treatment they need, and continue receiving an income, with the understanding that an injured employee may not be able to work and collect a paycheck. The Workers' Compensation Law provides compensation for the permanency of a disability only, with no compensation for pain and suffering, as in a personal injury suit.
There are times when both Workers' Compensation claims and Personal Injury claims may be filed for the same injury. Examples of such instances are automobile accidents while on duty, or accidents caused by defective equipment. Obviously, it is not possible to cover the broad scope of this topic, but our intention here is to give you an awareness of your right to make a claim for Workers' Compensation. We hope the above information is helpful to you, and we would welcome the opportunity to discuss any claim with you.