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FAQ – What Workers’ Compensation Does

The workers’ compensation system exists to provide assurance to workers that if they are injured on the job, they will receive compensation, without having to go to court and prove fault on the part of the employer. In exchange for this system, which in theory guarantees prompt and reasonable payment for workplace injuries, the worker is prohibited from suing the employer in civil court, even if the employer was negligent or otherwise caused the accident (unless the employer caused the injury through a willful or intentional act).

Workers’ compensation can pay for your medical care, and also pay benefits based on temporary disability or permanent disability. Death benefits may be provided to the family of a worker who dies in a workplace accident.

Even though many people are told that a workers’ compensation case will be relatively quick with a guaranteed recovery, the reality is that it is not always so quick and easy to obtain a workers’ compensation award. You must notify your employer and apply for benefits within a short time frame, and you must be able to document the injury, including satisfying an independent medical examination, and prove that the accident causing the injury was work-related. If your claim is denied, you may need to appear before a workers’ compensation judge, or appeal to the Workers’ Compensation Appeals Board for reconsideration or review. An experienced workers’ compensation attorney will know how to handle your case for the best results.

Workers’ compensation benefits are designed to provide you with the medical treatment you need to recover from your work related injury or illness, partially replace the wages you lose while you are recovering, and help you return to work. However, often the insurance carrier denies or delays your workers compensation benefits. An experienced workers compensation attorney can assist you with an explanation of workers’ compensation benefits, your rights and responsibilities, so you get the benefits you deserve.

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    Representing Injured Workers

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    Making a false or fraudulent worker’s compensation claim is a felony subject to up to five years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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