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Claim Your Benefits If You Suffer a Work-Related Injury
http://www.lawsays.net/articles/4546/1/Claim-Your-Benefits-If-You-Suffer-a-Work-Related-Injury/Page1.html
Adrianna Noton
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By Adrianna Noton
Published on 02/2/2010
 
No one tries to be hurt in the workplace Not only must you deal with the pain, you are confronted with bills for medical expenses while you cannot earn an income

No one tries to be hurt in the workplace. Not only must you deal with the pain, you are confronted with bills for medical expenses while you cannot earn an income. Worker's Compensation can help you survive a work-related injury. While they were originally passed to deter litigation, which is a boon for employers, they also benefit the workers. In the past, financial help was often months in arriving. Now, assistance arrives much sooner, often within days of the incident.

The laws applicable to workplace injuries are different from state to state, but they all share basic provisions. One is that the employee will receive at least a large percentage of his normal earnings. These are often in the 80 to 90% range, and may be exempt from state income taxes.

Those who are hurt on their job are entitled to related medical expenses. Under some state laws, payment for covered expenses is 100%. Some states require that you pay part of the bills even if they are injury related. Or you might find your state provides coverage for all of your medical bills until you can return to duty. In almost all situations, medical provisions start upon injury and continue until you resume work.

Should you never be deemed capable of returning to the position you held at the time of the injury, you can be trained to receive a job you are able to perform. For instance, you might have had a job requiring you to lift heavy loads. An injury to your back might make it impossible for you to resume these duties. But you might be capable of working a sedentary job in an office. If you do not possess the skills to be hired for such a job, you might receive paid training so that you gain the skills needed.

When hurt on the job, you must report the injury as soon as possible to your supervisor or human resources. The more time that passes before you report it, the lower your chances of getting approved for benefits. Part of the reason for this is that you usually will be required to pass a drug test, and drugs or alcohol in your blood can lead to disqualification. But witnesses will also have to be interviewed, and their memories may fade quickly. In addition, management will want to correct any existing hazardous situations before more people can be hurt.

Your attending physician may order physical therapy for you. You will be expected to cooperate with all orders for treatment, including therapy. If you do not attend, you can potentially have your benefits terminated.

Seldom will you get to choose your physician or hospital. These are typically chosen from a list provided to your employer by their insurance company. If you insist on being treated by your own doctor, you may not be reimbursed for costs, or payments may be dramatically reduced. You do, however, have the right to request that you be assigned to a different physician should you feel you have received incompetent care.

Should you suffer a work-related injury, there are benefits available to help you minimize the financial damage. This allows you to concentrate on healing. If you have a legitimate claim that is initially denied, you can consult an attorney. There are many who are specialists on Worker's Compensation. Normally, these attorneys do not get paid unless they win your case. You might wish to engage one to obtain all you are legally entitled to collect.