Workers' Compensation F.A.Q.
What qualifies for workers' compensation?
Guidelines vary from state to state, but there are some general factors that can help you determine if you qualify: 1. Getting hurt on the job, 2. The injury was a result of employer negligence, 3. Injury occurred during work hours, 4. Injury made it unable for you to perform your duties, 5. You incurred medical expenses due to the injury, 6. You've lost wages and are unable to return to work. You can find out if you may qualify by requesting our free case review on this page.
What injuries are covered?
The most common type of Workers' Comp injuries are "soft tissue" injuries which affect the muscles, ligaments, tendons, or nerves. These include sprains, strains, carpal tunnel, back and shoulder injuries, and more. Others include fractures, hearing or vision loss, ulcers and stress-related illnesses such as high blood pressure, and psychological injuries such as post-traumatic stress disorder (PTSD).
How should I handle my medical treatment?
A medical examination is required to file a workers' compensation claim; however, you have the right to choose the doctor that treats your injury. If your employer requests that you see a doctor of their choosing, this request should be made through their insurer. If you receive such request you are required to participate in this examination and they could require a repeat examination every 60 days. The doctors diagnosis plays a vital role in your claim, so it's important you speak to an attorney to determine your rights.
What if my employer asks about my condition?
A problem can arise when an employer contacts an employee to question the severity of their injury or ask them to return to work. If you are experiencing difficulty with an employer, you should seek legal counsel right away so that you do not put your workers' compensation claim at risk.
How long does it take to receive benefits?
The amount of time that it takes to receive a scheduled payment after you file your initial claim varies widely from state to state. Should your initial claim be approved, it can take as little as 30 days to receive your first payment. However, this is not a typical scenario. For a federal worker filing a workers' compensation claim with the federal government's OWCP, the typical time is 3-6 months. That means, should the initial claim be approved it can take as little as 3 months. However, because most claims require a second round of medical examinations, the federal worker can expect a wait time of 6 months or more between the initial claim and receipt of first payment.