As an employee, you have the right to receive workers compensation benefits if you are injured at work and not healthy enough to return to your job right away. If you didn't report the accident in time, or the physician you saw for your injuries diagnosed that you could return to work, you could be denied coverage. When you have injuries that prevent you from working but you've been denied benefits, you'll need to work with a workers compensation attorney to get the benefits you deserve. While you may need to wait a bit to get your benefits, you can establish your case by working with a different physician and appealing any benefit decision with the help of an attorney.
Your Initial Benefit Denial
If you go to your medical exam for workers compensation benefits, and the doctor believes you can return to work, your benefits will get denied. You have the right to seek a second opinion from a doctor that you choose. When you've been denied benefits but you do not feel able to go to work, it's time to get a second opinion and work with an attorney to appeal the initial decision on your workers compensation benefits.
When You Receive Workers Compensation
When you are injured, you have the right to get medical care to recover from your injuries. In addition, you will receive a percentage of your weekly pay as part of your workers compensation. The money you receive is there to allow you to recover at home without having to worry about making money. The percentage of your income you receive will be around 60% of your income, an amount that many workers find hard to live on for an extended period of time.
Workers Compensation Is Income Insurance
It's important to understand that while you may receive income until you recover, you aren't going to receive compensation for pain and suffering like in a personal injury lawsuit. Workers compensation insurance protects your income, but doesn't account for losses you can be compensated for in a personal injury lawsuit. If you are permanently injured at work, you'll receive workers compensation until such time you can legally begin to receive social security benefits.
When you've been denied workers compensation benefits, your first step is to get another opinion from a medical provider who agrees that you can't return to work. Once this occurs, you will be able to appeal your benefit decision. Contact someone from a place like Hardee and Hardee LLP for more information.