Who Is Eligible to Claim Workers’ Compensation?

Posted: 22nd October 2020 09:34

If you’ve been injured at work, it’s important to find out what your rights are. Sadly, millions of people sustain work-related injuries each year and they often have a devastating impact on an individual’s physical, mental and financial wellbeing. 

Although workers’ compensation won’t undo the harm you’ve suffered, it can help to minimize the financial burden you face. If you need to take time off work in order to recover from your injuries, for example, you could be eligible to receive workers’ compensation.

What is Workers’ Compensation?

If you experience an injury that’s been caused or aggravated by a work-related activity, you should receive workers’ compensation, providing you’re an employee. Many people assume that you can only claim workers’ comp for life-threatening or life-changing injuries, but this isn’t the case. In fact, you can obtain workers’ compensation for a variety of injuries and illnesses, including carpal tunnel syndrome, back pain and occupational diseases.

In order to be eligible to obtain workers’ compensation, you will need to report your injury or illness to your employer within 30 days. Although there are some circumstances in which delayed reporting is acceptable, these are rare and limited. To avoid having your claim denied, always report any workplace injuries or illnesses as soon as possible following their onset.

Do You Need Legal Advice?

Employees are eligible to receive workers’ compensation regardless of who is at fault, which means making a claim should be relatively straightforward. Unfortunately, this is rarely the case. Claiming workers’ comp typically involves a lot of form-filling and even a minor error can lead to your claim being delayed or denied. Additionally, there may be queries about your status as an employee or even whether your injury or illness was caused or exacerbated by a work-related activity.

Due to this, it’s often advisable to seek legal advice before making a claim for workers’ compensation. With a reputable personal injury law firm like Mottaz & Sisk on your side, you can ensure that your claim is handled swiftly and professionally. Furthermore, your personal injury attorney will have the knowledge, experience and expertise to rebut any claim denials and appeal your case, if necessary.

How Much Will You Receive?

The amount of workers’ compensation you’ll receive will depend on the severity of your injuries or illness. In Minnesota, there are four types of workers’ comp:

  1. Temporary Total Disability Benefit (TTD)

  2. Temporary Partial Disability Benefit (TPD)

  3. Permanent Total Disability Benefit (PTD)

  4. Permanent Partial Disability Benefit (PPD)

In most instances, the amount you’ll receive will be a percentage of your earnings, in addition to the cost of ‘reasonable and necessary’ medical treatment. However, other payments, such as vocational rehabilitation benefits or dependency benefits, may be available too.

If you’ve been hurt at work and you want to find out how much workers’ compensation you could receive, why not talk to a personal injury lawyer today? By discussing your case in more detail, your attorney will be able to give you an idea of whether you’re eligible to claim workers’ compensation and, if so, how much you could obtain.