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FAQs about Workers’ Compensation

Dec 27, 2016 | Personal Injury FAQs, Workers' Compensation

According to a report issued by US Bureau of Labor Statistics in the year 2015, roughly 2.9 million non-fatal workplace injuries and illnesses were reported by employers in the private industry – at a rate of 3 cases per 100 full-time employees.

If you have been injured at your workplace, contact us for help in filing a personal injury claim.

If you have been injured at your workplace, contact us for help in filing a personal injury claim.

More than 50% of the approximately 2.9 cases of workplace injuries and illnesses reported involved days away from work, restriction or job transfer. These cases took place at a rate of 1.6 cases for every 100 full-time workers. Additionally, it was reported that close to 95.2% of the 2.9 million non-fatal injuries and illnesses were made up of injuries, which means nearly 2.8 million were injury cases.

Common Questions about Workers’ Compensation

Many workers get injured on the job or fall sick due to hazardous conditions in the workplace. In most cases, they have questions about workers’ compensation and how they can make sure that they protect their rights, including:

Q1: How do I determine if my injuries are covered by workers’ compensation?

A: It can often be complicated to try and determine if you are indeed covered by workers’ compensation. There are generally two main factors determining your status – whether you are an employee and whether you sustained your injury due to your employment. You should keep in mind that neither of these factors are a guarantee that you are covered by workers’ compensation.

For examples, depending on the rules in your state, some workers, like agricultural ones, do not have coverage. Also, if you intentionally injured yourself or were intoxicated at work, workers’ compensation may not cover you. If you have any doubts, you should contact a lawyer experienced in workers’ compensation and get advice on your rights.

Q2: If a worker is receiving the benefits of workers’ compensation, but goes back to work, can they still get to receive those benefits?

A: Maybe. If the employee returns to work and is able to receive wages that are equal or higher than the amount they were earning before the injury, benefits will likely be stopped. However, if the worker is still experiencing lost wages due to the injury, they may continue to receive benefits of wage loss, although it is likely that the benefits will be for a lesser amount.

Q3: If it is a “no fault” system, can a worker recover the benefits of workers’ compensation regardless of what they did?

A: The answer to this question is no. Although workers’ compensation covers most injuries, it does mean that workers have free reign to cause injury to themselves, or act in whatever way they want, and then collect workers’ compensation benefits. Generally, if a worker sustains an injury at the workplace as a result of illegal drug use or intoxication, it is unlikely that they will be able to receive benefits.

Call us today!

If you or a loved one was injured in the workplace, you should immediately seek the counsel of the winning personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at (212) 697-9280. You can find out how to protect your rights during this first meeting.

We will be able to detect how viable your case is, if it is at all. If it is, we will ride this case with you all the way until the end. We know how to win cases and we are only paid if we win or settle this case. We will keep you informed every step of the way. RMFW Law works hard and smart for all its clients!