Workers' Compensation FAQs
Each year, tens of thousands of workers’ compensation claims are filed across the United States. Occupational injuries, which can include muscle strains, broken bones, neck and back injuries, and even death, are reported to cost society in excess of $250 billion annually. At Nahon, Saharovich & Trotz, our workers’ compensation lawyers are dedicated to helping people hurt at work throughout the South, including Tennessee, Mississippi, Arkansas, Missouri, and Kentucky.
The period of time following a workplace injury can be stressful. In addition to experiencing physical pain, a major concern is how you will be able to get back to work. In sum, many questions will likely be racing through your mind. Below are common questions on the minds of injured workers.
A: You should immediately report the injury to your supervisor or manager. In most states, you only have a limited number of days to report the injury to your employer. Otherwise, your claim may be denied and you will not receive any workers’ compensation benefits. You should provide written notice to your employer when possible so that there is clear evidence of timely notice in the event the employer later disputes your claim.
A: No. Depending on the state’s laws, the employer may not be required to carry workers’ compensation coverage. Generally, the employer must have a certain number of employees before they are required to carry workers’ compensation. Typically, that number is five or more employees.
A: Essentially any injury that arises out of the course and scope of your employment will be covered. Workers’ compensation is considered a no-fault system, which means you do not have to prove that your employer was negligent or otherwise contributed to your injury. Instead, you only have to show that you were injured while on the clock and as a result of performing your job duties or responsibilities.
A: Workers’ compensation benefits usually fall into one of three categories: medical benefits, temporary disability benefits, and permanent disability benefits. If you have a compensable claim, your employer should pay all of your medical expenses related to the on the job injury, including physician visits, prescriptions, medical devices (such as braces or crutches), physical therapy, and surgery. The employer should also issue partial pay to you while you are unable to work pursuant to doctor’s orders. This is usually called temporary partial or total disability. Finally, if you suffer a permanent physical impairment as a result of your work injury, you may be entitled to compensation called permanent partial disability or permanent total disability. This element of compensation is based on permanent physical (or anatomical) impairment.
A: Typically, your employer will pay for all of your medical treatment, prescriptions, and medical supplies which are related to your injury. You may be able to treat with your own doctor in some states. In other states, you may be required to treat with a workers’ compensation authorized physician in order for your medical expenses to be covered. Our occupational injury lawyers can assist injured workers through the process of finding a physician authorized by the state’s workers’ compensation system.
A: You may receive temporary partial disability if your work hours are reduced and temporary total disability if you are completely taken off work due to your work injury. Generally, you will not receive your full wages but will receive a percentage, depending on state law. These benefits can also be paid in the event the physician places you on light duty and your employer is unable to accommodate your work restrictions.
A: If you sustain permanent injuries, you may be entitled to compensation based on your vocational disability. The amount you receive will depend on several factors, including your average weekly wages, the severity of your impairment, whether you have any permanent work restrictions, and whether you are ultimately able to return to work. If you are no longer able to work, you may be entitled to total disability benefits. Our workers’ compensation attorneys can help workers from Memphis and surrounding areas in terms of identifying all potential avenues of recovery in their claim.
A: You may be able to assert a third party claim for negligence against another party responsible for your harm. These claims may be asserted in many contexts, including an automobile accident, construction accident, or accident on someone else’s premises. In addition to workers’ compensation benefits, you may be able to recover elements of compensation like pain and suffering in a third party claim.
If you have suffered a workplace injury, we invite you to call our workers’ compensation lawyers for a free consultation. We assist people injured throughout Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Jackson, Nashville, Chattanooga, Knoxville, Tupelo, Oxford, Starkville, Meridian, Jonesboro, and Little Rock. We can be reached by calling 800-529-4004 or completing our online form. Let us show you why NST is the way to go.