What is Workers’ Compensation?

Workers’ compensation is a law that provides cash benefits, medical care, and wage replacement for employees who were injured or became ill because of the nature of their work regardless of whose fault caused it. This is a statute that came into law during the 1920’s. Before workers’ compensation was enacted into a law, employees could sue employers, but more often than not, they did not win because it was often determined that the accident or the injury was the employees’ fault. Fault is not an issue under workers compensation.

Workers’ compensation allows employees who were injured in work-related accidents to be covered, get benefits, and bring cases to an administrative law judge without having to go through a jury. Many people are not aware of the fact that under the workers’ compensation law, you have every RIGHT to file a legal claim against your employer regardless of whose fault an accident or injury was, and you should therefore not feel guilty for exercising your right to these benefits.

For more information on your workers’ compensation rights, contact an injury lawyer at the Edelman Law Office by phone at 314-631-6777.

What Is Workers’ Compensation? – Benefits You Are Entitled To

Here are the main benefits you may be entitled to get when filing a workers’ compensation claim:

  • Paid Treatment – Your employer is obligated to pay for your authorized medical care of the employers choosing to help you recover from the work-related injury. This may include tests, equipment, medication, professional fees, surgeries, and travel costs associated with the treatment of the injury.
  • Paid Temporary Disability Benefit – This is a wage replacement benefit that applies if your injury prevents you from going back to work for a certain period of time. Temporary disability is categorized into two types. If you can do some type of work, you will get paid partial disability; but if you cannot work at all, you get paid for total disability. Temporary total disability benefits are typically 2/3 of your average weekly wage.
  • Paid Permanent Disability Benefit – When the injured worker no longer requires medical treatment and is said to have reached “maximum medical improvement (MMI)”, there will be a medical assessment to determine the extent of the injuries and determine if the injured worker can go back to work. If the assessment shows that the injured worker has some permanent disability, he or she can receive either of the following:
    • Permanent Partial Disability – If the injured worker is partially disabled but can still work in some capacity, they will receive a lump sum.
    • Permanent Total Disability – If the injured worker is totally disabled and can no longer work in gainful employment, then the employer must pay 2/3 of the average weekly wage for the rest of the worker’s life, which can sometimes be settled in a lump sum.

Fighting for Your Workers’ Compensation Benefits

If you are injured at work or in a work related accident, you may find yourself asking, “What is workers compensation?” It is important to understand your rights and benefits as a worker, and the Edelman Law Office can help. As a family of workers’ compensation lawyers, we have over 40 years of combined experience fighting for the rights of injured workers. We are your advocates. We work for you.

For immediate legal assistance, call our number at 314-631-6777, and speak with an injury lawyer right away.