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What Qualifies For Worker’s Compensation?

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Worker's compensation is a form of insurance that provides financial benefits to employees suffering from work-related injuries or illnesses. Here are some key things you should know about worker's compensation:

The Injury Must Be Work-Related.

For an injury to qualify for worker’s compensation, it must be work-related. Work-related injuries occur while a worker is performing his or her job duties. Suppose you sustain an injury during work hours and do not have another source of income because of it. In that case, you may be entitled to benefits from your employer's workers' comp insurance company if they offer this type of coverage.

Workers' compensation can also provide benefits in cases where you were injured at home while doing something related to your job. For example, if you were injured on the way back from lunch or going to work due to heavy traffic conditions caused by construction on the road, then this would likely be considered "workplace" since these situations directly affect how quickly and safely employees can get back and forth between home and work every day.

Attending Medical Exams

The injured worker must attend medical appointments, examinations, and treatments deemed necessary by a certified doctor to receive treatment for their injury.

The injured worker must receive treatment for their injury promptly.

The injured worker may only have one primary physician in charge of the medical care he or she receives for the work-related injury.

Follow this rule to maintain your right to compensation and benefits.

Meeting Deadlines

You have a specific amount of time to report your injury in many states. This is called reporting time.

Reporting time can be as short as 30 days or as long as three years, depending on state law.

If the injured worker does not report his or her injury within this time frame, they may lose out on their worker’s compensation claim entirely.

It's important to note that worker's compensation laws and requirements differ from state to state. Regarding deadlines, you want to complete all filing forms, as you can delay your compensation or have your case thrown out. While appeals are possible, it can take a long time to get a case reviewed again.

Types Of Injuries That Are Covered

While cases are reviewed to determine whether an injury is eligible for compensation, typically, some common injuries are covered, and it is easier to somewhat predict a case outcome.

Physical injuries such as slips, muscle strain, broken bones, illness, and other conditions impacting your ability to work are more than often covered. While physical injuries are typical worker’s comp-related injuries, many overlook mental injuries. Stress or strain from mental distress can be covered. However, it may require more nuance to prove the distress is work-related.

The Law Office of George P. Escobedo & Associates, PLLC is here to provide initial consultation when you call (210) 807-3178 today. We know worker’s comp claims can be overwhelming, so let us help.

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