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Workers Compensation FAQ


If you have been injured at the workplace due to the negligence of your employer or your own negligence, you are entitled to workers compensation. Unlike personal injury cases where one sues the negligent party for damages, workers compensation does not involve making a claim against your employer. It is a different type of insurance cover with special conditions and many benefits for employees. Read on to find answers to common workers compensation FAQ.

What is Workers Compensation?

It is an insurance program mandated by the state to go towards compensating employees who are suffering from work-related illnesses and injuries. Although the federal government has its own workmans’ comp for its federal employees, each state consists of its own programs and laws regarding workers’ compensation. An employee suffering from a work-related injury or illness can receive benefits of workers’ compensation no matter who is at fault.

Can I Sue My Employer After Receiving Workers’ Comp Benefits?

When an employee exercises his/her right to receive workers’ compensation, they cannot sue their employer for damages.

Does Workers Compensation Pay Hospital Bills?

A Workers Compensation FAQ that is common among employees is what the program pays for. Workers’ comp pays for medical and hospital expenses that may be necessary for diagnosing and treating your injuries.

Does Workers Compensation Pay Other Bills?

Workmans’ Comp also offers disability payments if you are not able to work. Disability payments are usually two thirds of your salary. Workers’ comp also pays for retraining, and rehabilitation.

What Injuries are Covered by Workers’ Comp?

Another Workers Compensation FAQ that is posed by many is what injury does this program cover? Workmans’ comp caters for a majority of work-related injuries but it does not cover all of them. Injuries arising when an employee is on illegal drugs or heavily intoxicated are not catered for by the program.

What are Other Examples of Injuries Not Covered by Workers’ Comp?

In many cases, coverage is also withheld in the following situations:

  • Injuries sustained while an employee is engaging in a crime
  • Injuries sustained outside the workplace or when an employee is not on a job-related mission outside the workplace
  • Injuries sustained because an employee’s conduct is in violation of company policy
  • Injuries that are self-inflicted e.g. those that occur when you start a fight

What is the Statute of Limitation For Reporting a Workplace Injury?

Many workers compensation FAQ involve the timing of these claims. The typical time limit for reporting injuries at the work place is one year. Prompt notification ensures your case is not rejected.

How is Workers Compensation Computed?

A Workers Compensation FAQ that many employees are eager to know is how payments are determined. Weekly payments under worker compensation are based on a 60% ratio of one’s average weekly payment. To get the figure for average weekly payment, you add the gross wages of 26 weeks to 52 weeks before the injury and divide this figure with the number of weeks used.

Can I Be Treated by My Own Doctor or Do I Have to Be Treated By the Doctor Hired by My Employer?

Some states allow employees to choose a doctor of their choice in the event of a work-related injury. To earn this privilege, one is required to apply for this request before they are injured. In many cases, injured employees are taken under the care of doctors hired by their bosses.

Why Do Injured Employees Choose to Hire Their Own Doctors?

A doctor’s report impacts on the benefits you stand to gain. Most employees prefer to choose their own doctors because physicians hired by employers, tend to be biased in favor of their bosses. A doctor hired by your employee may minimize the severity of an injury, or wrongly classify your injury as a pre-existing condition, to secure their standing with your employer.

Gatti, Keltner, Bienvenu & Montesi, PLC
219 Adams Avenue
Memphis, TN 38103
Phone: (901) 526-2126
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