What is Workers’ Compensation?
Workers’ compensation provides monetary benefits and medical care to employees who become ill or sustain an injury at work. Employees may be entitled to benefits such as compensation for lost wages, medical bills, and more. An employer’s coverage varies based on the following:
- The state
- The type of business
- The number of employees
- The type of work carried out by the employees
How Do I Know if I Qualify for Workers’ Compensation?
- The injured or ill person must be an employee
- The injury or illness must be work-related
- The employer must have workers’ compensation insurance
- State deadlines for reporting the injury and filing the workers’ comp claim must be met
It is also important to be aware that there are workers’ comp exemptions. For example, some states do not require workers’ comp coverage for domestic workers, agricultural workers, or undocumented employees. Additionally, employers with less than a certain number of workers are exempt from mandatory workers’ comp coverage in some states.
For example, employers with less than three employees are exempt in Arkansas, Georgia, New Mexico, North Carolina, Virginia, and Wisconsin.
Workers’ Compensation Benefits
- Income benefits (i.e. lost wages)
- Medical benefits (i.e. medical bill reimbursements, doctor visits, rehabilitation, etc.)
- Survivors benefits (i.e. funeral expenses, burial expenses, lost income, etc.)
Workers’ Compensation Laws Vary by State
Almost every state’s worker’s compensation laws require employers to have workers’ compensation insurance, but the requirements and employee benefits vary.
For example, states require employees to report their work-related injuries or illnesses, but the deadline for doing so varies by state. In New York, Florida, and Texas, workers must report their injuries within 30 days of the accident. In Pennsylvania, workers must report their injuries within 120 days of the accident and Colorado has a deadline of four days.
To better understand the deadlines and intricacies of the workers’ comp laws in your state call 866-465-1419 or fill out the form below and we’ll match you with an expert workers’ compensation attorney near you.
Is Workers’ Comp Taxable?
Workers’ compensation benefits do not qualify as taxable income at the state or federal level. However, a portion of workers’ comp benefits are taxable for people who receive retirement benefits, such as Social Security Disability Insurance or Supplemental Security Income. The taxable portion is equal to the amount by which Social Security reduces the person’s disability payments as a result of receiving workers’ comp benefits.
For example, if a person receives workers’ compensation benefits and the Social Security Administration reduces the person’s monthly Social Security disability income check by $100, then $100 of the person’s workers’ comp is taxable.
Can I File a Lawsuit for an Injury at Work if I am Receiving Workers’ Comp?
Yes, even an employee who becomes ill or sustains an injury at work is entitled to workers’ comp benefits, the employee may also file a lawsuit for damages caused by the illness or injury.
- The employee was injured by a defective product
- The employee was injured on the job by a third-party
- The employee was injured by a toxic substance (i.e. asbestos, radium, etc.)
- The employee was injured as a result of the employer’s conduct
- The employer does not have workers’ comp insurance
What Happens if My Employer Denied My Workers’ Compensation Claim?
If a workers’ compensation claim was denied, the employer will have provided a letter containing an explanation for the denial. If the denial was a result of an error, such as a written mistake when filling out the paperwork, the error may be corrected. The letter may also include information on how to appeal the denial. The process for appealing the denial of a workers’ comp claim varies by state, but it often involves presenting the claim and supporting evidence in front of an administrative law judge.
It is recommended that a person consults a workers’ compensation attorney throughout this complex legal process. For more information, call us at 866-465-1419 or fill out the form below.
Finding the Leading Workers’ Compensation Lawyer Near Me
It is strongly recommended that a person consults a workers’ compensation lawyer after a work-related injury or illness. A workers’ compensation attorney is an important resource to ensure that a person’s rights are respected and that they receive all benefits they are entitled to. The process of receiving workers’ comp benefits is complex, so it is crucial to have help from someone who is familiar with the procedures and deadlines, and who has experience negotiating with insurance companies. A workers’ compensation lawyer is also useful to determine what a case is worth and the best course of action. For more information or to be contacted with a premier attorney, call us at 866-465-1419 or fill out the form below.
How The Law Center Can Help
The Law Center connects people with highly-trusted legal information and offers support throughout the legal journey. As a national network of personal injury attorneys, we are partnered with some of the best workers’ compensation attorneys and workers compensation law firms in the nation. If you believe you have a workers’ comp claim, call us at 866-465-1419 or fill out the form below.