Workers' Compensation

Workers Compensation FAQ

Workers Compensation: The most common question we hear at the firm is what exactly is workers compensation? In short, Workers’ compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses; medical benefits, temporary total benefits, permanent partial, benefits permanent and total benefits. Workers Compensation also provides death benefits to dependents of workers who have died as a result of their employment. An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts. Other FAQs are listed below:

  1. What benefits am I entitled to under our Workers Compensation system?

An employee or worker injured or who suffers a condition in an accident or by occupational exposure arising out of and in the course of employment is entitled to three benefits1. These benefits are the following:

  • Temporary Disability – these are money payments made to you while you are under medical treatment authorized by your employer or their insurance company and while you are temporarily but totally disabled from working. Specific information as to this benefit is discussed later in this brochure.
  • Medical and Hospital Service and Treatment – the payment of all hospital and medical bills for treatment deemed reasonably necessary to treat your injury or occupational disease. There are no co-payment or deductible payments due from you.
  • Permanent Disability – a monetary award paid over the course of a specific number weeks (which is set forth in a chart for the year of the injury or illness) for a functional restriction of a worker’s body part, body parts, or organ that has impaired the workers’ ability to perform his or her duties or to make money.
  1. What do I do if I am injured or suffer occupational disease arising out of and in the course of my employment?
  • If you are injured or suffer an occupational disease, you should immediately notify your employer. You should do so regardless of the seriousness of the injury or occupational disease in order that a record of your complaints is established. This is especially important if the injury did not initially seem particularly serious but is progressing. Where possible, you should complete an accident or incident report in order to document an accident resulting in injury or occupational exposure.
  • You should also request of your employer the name of a company doctor or facility where you may seek medical treatment. The reason for this is explained later in this brochure but it is because the employer and their insurance company has the right to control your medical treatment.
  • You should also know that you are entitled to Workers’ Compensation benefits even if you had a condition that pre-existed your accident or occupational exposure so long as your accident or occupational exposure contributed to your disability in a material degree.

To answer more FAQs please click the link provided below:

https://www.gillandchamas.com/practice-areas/workers-compensation/workers-compensation-faqs/

If you or someone you know has been injured on the job or has any questions relating to workers compensation contact the attorneys at Gill and Chamas (732) 324-7600.



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