The State and Federal Workers' Compensation Acts were designed to compensate employees who are injured or disabled on the job without the need for litigation.  Though there are separate laws for State workers and Federal workers, both operate under the same rationale: to compensate a worker injured or disabled by job-related accident or disease.

The Workers' Compensation Act covers injuries caused by an accident or incident which arose out of accident during the course of your employment.  There have literally been thousands of court cases interpreting the meaning of those phrases.  But as a general rule, if a worker suffers an injury that was caused or aggravated by the job, workers' compensation is usually available to help cover medical bills and make up some of the wages lost when the employee cannot work.  Injuries can be as varied as a laceration, a broken bone, a head or back injury, as well as hearing or vision loss and repetitive stress syndrome.

Workers' Compensation also covers occupational diseases.  Diseases of this nature are often caused by a series of events of similar nature, occurring regularly or at frequent intervals over a period of time in the employment.  For example, diseases that arise from repeated and constant exposure to such things as coal dust (black lung), artificial butter flavoring (popcorn packers' lung), lead (lead poisoning), asbestos (mesothelioma), and other toxic substances may be covered as occupational diseases.

While the Federal and State Workers' Compensation Acts were designed to cut down on the need for litigation to receive benefits, there are times when an employee must resort to legal advice.  An employer or their insurance company may try to deny you benefits to hold down their costs.  A claim may also be denied if the paperwork was filed incorrectly, or if medical evidence is missing or incomplete.

If you have been denied your initial claim for workers' compensation, do not give up  hope.  You have a right to file a petition to present your case to a workers' compensation judge or panel.  This will allow you to defend your position and provide new evidence or correct information that may have been misinterpreted in your original claim.

If you are injured on the job, make sure that you keep all documentation of events.  Make sure you have notified your employer promptly, that you visit a medical provider, even if at the time you do not believe you have suffered lasting damage, and take down names of witnesses to the event.  By having proper documentation, medical evidence and witness statements, you create a much stronger case for receiving workers' compensation benefits.  Be sure to follow rules regarding the doctor you choose.

The amount of workers' compensation you receive is determined by several factors and varies from state to state.  The benefits you receive are not likely to match your full salary, but will provide you with assistance while you recover.

For more information, contact Rice Law Office at (603) 528-5299.