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If you are seeking to claim workers' compensation benefits, you should do so quickly. Any delay on your part could lead to potential snags or delays in receiving benefits.    Worker's Compensation is a system that will protect you financially should you get injured on the job. Worker's Compensation has no cost to the employee, instead costs go to the employer.

Dr. Jeff J. Mollins “full service” multi-disciplined office can provide an assortment of medical services with no expense to you.  Call us today at (888) 88 DOCTOR.

Q: What is workers' compensation?
A: Workers' compensation laws allow workers who are injured in the course of their employment to be compensated for their injuries without having to resort to a traditional lawsuit, or court proceedings. An injured worker does not have to prove that his or her employer was negligent, or at fault for the injury, only that the injury happened in the course of the worker's employment. Unless someone other than your employer was liable for your injuries, workers' compensation is your sole remedy for your injuries.

Q: What kinds of injuries are covered?
A: Almost any kind of physical injury or disease is covered by workers' compensation. An injury or condition you already had will not qualify, unless it was aggravated or made worse on the job.

Q: Are all on-the-job injuries covered by workers compensation? Do all workers qualify?
A: Workers compensation covers most, but not all, on-the-job injuries. The workers compensation system is designed to provide benefits to injured workers, regardless if the injury is caused by the employer or the employee.  But there are limits.  Injuries that occur due to employee intoxication or drug use are not covered by workers compensation. Coverage may also be denied in situations involving self-inflicted injuries, i.e. an employee who starts a fight, injuries suffered while a worker was committing a serious crime, or injuries suffered when an employee's conduct violated company policy.
Most workers are eligible for workers compensation coverage, but every state excludes some workers.  Exclusions often include: business owners, independent contractors and casual workers, domestic employees in private homes, farm workers, maritime workers, railroad employees, and unpaid volunteers.  Federal government employees are also excluded from state workers compensation coverage, but they can receive workers compensation benefits under a separate federal law.  In addition, some states do not require workers compensation coverage of employers having less than a designated number of employees, such as less than three.

Q: Does workers compensation cover long-term problems and illnesses?
A: An injury need not be caused by an accident to be covered by workers compensation.  Many workers receive compensation for injuries that are caused by overuse or misuse over a long period of time, such as carpal tunnel syndrome or back problems.  An employee may also be compensated for illnesses that are the gradual result of work conditions, such as heart problems, lung disease, or work-related cancers.  Also, a job-related injury is covered under workers compensation regardless where or when it occurs; i.e. an injury that occurs on a business trip, performing a work-related errand, or attending a business social function.  And, employees with a work-related illness or injury are entitled to workers compensation benefits regardless of who was at fault; the employee, the employer, a coworker, a customer, or other third party.

Q: What are my rights as an injured employee? Can I lose my job if I file for workers comp?
A:  Federal laws prohibit your employer from discharging or discriminating against you because of your workers compensation injury.  If an employer fires or forces the resignation of an injured employee in retaliation for filing a workers compensation claim, the employee can file a civil lawsuit against the employer seeking damages in court, provided the employee has evidence of such an allegation.  Also, if an employer denies permission for immediate medical attention following a work-related injury, or does not permit an employee to seek out the services of other medical professionals in conjunction with assigned company doctors, the employee can seek legal retribution under workers compensation laws.  Many unions have workers compensation representatives who file claims and help injured employees seek justice from employers.  If legal council is needed, however, look for an attorney who specializes in workers compensation rights, and is experienced with workers compensation claims in a court of law.