Workers' Compensation: Injured
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Workers' Compensation

State law governs most workers' compensation claims. These laws are aimed at protecting workers from injuries sustained on the job. Most states require every business to have some form of workers' compensation insurance to cover its employees. A workers' compensation claim is not considered a lawsuit but rather, is a claim for benefits from the employer. Usually, workers' compensation is the exclusive remedy for workers, unless the worker can point to a third party as a contributing factor in their injury, such as a manufacturer of equipment. There are several types of injuries for which a worker can recover. In some cases, even work-related stress may lead to a valid injury for which a worker can recover.


Recently in Workers' Compensation Category

Post Traumatic Stress Disorder (PTSD) affects many working Americans, and in many cases, workers' comp can potentially cover their symptoms.

According to the Nebraska Department of Veterans Affairs, an estimated 7.8 percent of Americans will experience PTSD in their lifetimes, which can stand in direct opposition to earning a living wage. The workers' compensation system is designed to accommodate persons with PTSD, which can affect individuals in various ways.

So how can you get workers' comp for your PTSD? Here's a general overview:

You may think that you can only get workers' comp when you've been physically injured, but depression is often a viable way to obtain benefits.

Workers' comp generally covers work-related injuries, which can include mental injuries like depression and anxiety. Eligible depression sufferers may be able to claim that their employment has either caused their depressive state or possibly aggravated a pre-existing condition.

For many workers, explaining their depression to receive worker's comp may be difficult, but remember these legal points:

When you think of a worker's compensation claim, you likely think of someone injured by machinery or a worker who may have been hurt in a fall.

But what about a worker who was involved in a car accident? Although it might not fit the bill of the stereotypical workers' comp injury, an injury caused by a car accident may in certain circumstances be eligible for workers' compensation coverage.

When will a car accident injury qualify for workers' compensation benefits? Here are a few things to consider:

Wrist injuries may not seem like a big deal at first, but you should know that they can potentially be covered by workers' comp.

According to a 2013 FindLaw.com survey, 20 percent of those injured on the job suffered repetitive motion type injuries -- including wrist injuries like carpal tunnel syndrome. Workers may just accept the pain associated with these injuries as acceptable parts of their jobs, but worker's compensation is typically available.

Consider these points when thinking about claiming workers' comp for your wrist injury:

Workers' compensation is the system that compensates employees who are injured on the job financially without requiring a personal injury lawsuit. But do you need a lawyer to guide you through the process?

The system is set up to be "no fault," meaning that any negligence on the part of the employee or the employer is not at issue. Nevertheless, successfully claiming workers' compensation benefits can be a complicated, frustrating process, especially if your claim is denied.

Working with a workers' compensation attorney may be the best way to ensure that you get the compensation you deserve for your injuries. Here are five things a workers' comp lawyer can do that you probably can't:

Workplace injuries can be caused by a variety of mistakes or omissions, and sometimes the victim feels that he or she is entirely to blame.

And it's not entirely untrue. As this series of Canadian workplace safety PSAs illustrates (in incredibly graphic fashion), an "accident" at work is likely due to a combination of preventable errors on both a supervisor and employee's part.

But even if the employee was largely at fault for the accident, in America, he or she can still potentially be entitled to workers' compensation. Here's why:

When you're injured on the job, keeping you from working, you may think that either workers' comp or disability benefits will keep you afloat.

However, while both of these benefits cover times when an employee may be unable to work, there are significant differences between what each will cover and when you may be eligible.

So should employees seek worker's compensation or disability benefits for workplace injuries? Here are a few things to consider:

If you've been injured at work, you'll probably need compensation. But do you accept workers' compensation or try to sue in civil court?

In most cases you cannot receive workers' comp and sue for your injuries, as workers' comp is intended to substitute for the kind of compensation an injured worker might receive in court. However, each work injury case is different, so it's important for employees to consider their options.

When contemplating whether to sue or collect workers comp, you may want to start with these three considerations:

Workers' compensation is the insurance coverage most employers are required to purchase or provide to compensate employees who are injured in the course of employment. It generally acts as a substitute for a lawsuit against your employer (although in some instances you may still be able to file a lawsuit to recover for workplace injuries).

But just because an employer is typically required to provide workers' compensation coverage doesn't mean that your workers' compensation claim will necessarily be approved.

What should you do if your workers' compensation claim in denied? Here are five first steps to appealing the denial of your claim:

Injured at Work? 3 Potential Options for Recovery

Getting injured at work is a pretty common occurrence, but what are your legal options if you get hurt?

According to a FindLaw.com survey, more than one in five Americans said they've been injured on the job. Workplace injuries not only impact you physically, but it can affect you financially as well.

Here are three potential legal options to seek out if you're injured at work: