Attorney
Work injuries are not just a concern for those in high-risk professions like construction. In fact, they can happen to anyone, regardless of the industry they work in. Injured workers may need time away from work to recover from their injuries, or they might be able to return to work in a light-duty role or different occupation entirely. Some are unable to work again in any capacity.
One of these employees’ first questions is, “Do I get paid if I get injured at work?” Your employer’s workers’ comp insurance policy should pay a portion of your wages, but there are other avenues for potential compensation you could qualify to receive. A competent workers’ comp attorney from Koonz, McKenney, Johnson & DePaolis, LLP, can help you explore the possibilities and determine how to proceed.
Do I Get Paid if Injured at Work?
Workers’ comp should cover wage loss benefits after a work injury. You may also qualify to receive payouts from personal injury claims depending on the circumstances surrounding your accident. Unfortunately, some employers, third parties, and insurance companies attempt to deny valid claims.
Workers’ Compensation
Laws require employers to maintain workers’ compensation insurance policies that pay certain expenses for job-related injuries. Unlike personal injury claims, you do not have to prove that your employer was at fault to receive these benefits, which include:
- Current and future medical bills directly related to the workplace injury
- Wage loss payments
- Vocational rehabilitation for those unable to return to their previous positions
- Death benefits if a workplace injury leads to death
While workers’ comp pays many kinds of benefits, it does not cover non-economic losses, such as pain and suffering or other adverse impacts on your quality of life. Personal injury claims do provide for this category of damages, but you may not be eligible to file this type of claim.
Laws vary by state, so you should check with our attorneys to verify which laws apply to your case. We serve the Washington, D.C. metro area, Maryland, and Virginia. We can help you get paid if you get injured at work, even if you live in one state and work in another.
Disability
Disabilities after a workplace accident may be temporary or permanent, and they vary in severity. Workers’ comp disability categories are:
- Disfigurement or mutilation
- Temporary partial disability: temporarily unable to perform all the duties of the former position
- Temporary total disability: temporarily unable to work
- Permanent partial disability: permanently unable to perform all the duties of the former position
- Permanent total disability: permanently unable to work
Obtaining the compensation you deserve for your injuries is challenging if you handle your claim alone. An experienced workers’ comp lawyer knows how to overcome these challenges.
Personal Injury
When you accept workers’ comp benefits, you generally give up your right to file a personal injury lawsuit against your employer. However, an employer’s gross negligence may make you eligible for personal injury claims.
Many worksites, particularly in construction, have employees from various companies working side-by-side. If another company or their employees cause your injury, you may be able to file a personal injury claim against them to get paid for an injury at work.
Other examples of third-party liability include:
- Faulty machinery or tools
- Motor vehicle accidents that happen when employees are driving as part of their job-related duties
- Premises liability cases where employees slip and fall, for example, on someone else’s property while there for work-related purposes
Negligence is the basis for most personal injury claims. In legal matters, negligence is failing to exercise the same level of care as a reasonable person should to avoid harming others. Hiring one law firm to handle your workers’ comp and personal injury claims is beneficial because we are familiar with all aspects of both cases.
Does Workers’ Comp Pay Full Wage Amounts?
Injured workers typically receive 2/3 of their average earnings from workers’ comp wage loss benefits. Although WC benefits allow you to get paid for an injury at work, each state has laws that stipulate the maximum amount these employees can receive weekly.
Can My Employer Reduce My Wages on Workers’ Comp?
Employers sometimes lower an injured worker’s wages when they return to work after a workplace injury. The legality of this depends on the employer’s motivation for reducing compensation.
Suppose you must return to a light-duty or different position after your accident. If your employer lowers your wages to reflect the salary of your new role, it is legal. When your doctor releases you to return to full duty, your employer should reinstate your previous position and wages.
However, reducing your pay strictly because you filed a workers’ compensation claim to get paid for a work injury is illegal retaliation. If you believe your employer violated your rights, contact Koonz, McKenney, Johnson & DePaolis, LLP, immediately to request your free consultation.
Can I Get Fired for Getting Injured at Work?
Similar to unlawful wage reductions, your employer cannot legally fire you simply because you sustained a workplace injury. However, most states follow an at-will employment model, meaning that your employer can terminate your job anytime as long as they don’t breach other laws.
Employers might legally fire you while on workers’ comp for prior performance issues, such as:
- Consistently being late or absent
- Failing to meet deadlines
- Inferior work quality
- Insubordination
A covenant of good faith means that you and your employer should deal with each other fairly and without using underhanded tactics to gain an advantage. Some employers claim otherwise reasonable justifications for terminating employees but are actually retaliating against these injured workers.
How Can Koonz, McKenney, Johnson & DePaolis, LLP, Help You Get Paid if You Get Injured at Work?
Many workplace accident cases are complicated, with several potential methods of compensation. Some require proof, while others don’t. Various laws dictate when and how you can file claims, the amount you get paid if you get injured at work, and who is liable for paying you. Koonz, McKenney, Johnson & DePaolis, LLP, can help you determine the best way to maximize your payout, and we do not collect fees unless we recover compensation for you. Contact us today for case-specific information.