The purpose of workers compensation is to force companies to provide medical care and part of the usual income for those who have been hurt while doing their job. At one time it was legal for a company to fire someone who had to stay home due to a job related injury or illness. Once the allotted number of sick days were used up the company could let the employee go, leaving them to fend for their own medical and financial needs.
The laws have changed quite a bit over the years, and there has been an attempt to balance the worker’s needs with the company’s needs. For instance, you will have to initially work with an approved doctor. You may have to wait anywhere from 6 months to a year before you can see a different physician.
You will probably have to be out of work for a specified period of time before you’ll be given any kind of financial assistance beyond medical care. The specifics will be determined for you, but generally you have to out of work at least one week or more before you are entitled to payment. If you only miss a few days you won’t be compensated at all. If you’re out for longer than the initial waiting period you will receive partial payment for all of the missed days.
Understanding that the insurance companies have to protect themselves from claims that are not real it is typical to find that you will have to go through a relatively long process in order to file a claim for a permanent injury. If you really can’t work for an extended period of time, the insurance company wants proof and then they want to stop being responsible for your medical and financial needs.
This is done through a series of hearings, attempts to place you back to work with different responsibilities, and often a visit to a physician that will automatically clear you for work. A competent lawyer can challenge many of the insurance company’s claim in order to protect your health interests. If your physician still claims that you can not return to work, a hearing is often held.
It would be cost effective for the company and the insurance group that provides the workers compensation if you were sent back to work and performed poorly enough that they could release you from their employment. This is a slippery slope that often requires a lawyer in order to navigate it well.
While the laws regarding injuries at work have been written and rewritten in order to try to provide for both sides, usually the law favors the insurance companies. You need to have a good lawyer to know whether you’re being required to legally oblige the company or being forced into a work situation that is technically illegal.
If you are able to provide medical information that support your claim that you can’t work then you would be looking at a settlement. A settlement is not often a great sum of money. You are usually provided with one to two years of financial support and medical care. Once your settlement papers are signed and the check is written your claim is considered closed. The purpose of workers compensation is to help ensure that this option is available for those that are truly significantly injured while ensuring that those who are not really injured will be weeded out of the pack.
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