People with Workers’ Compensation injuries who call our office often wonder what types of benefits they might be eligible for. Workers’ Compensation is what the courts call a “creature of statute” which means the Workers’ Compensation court can only award those benefits specifically provided for under the Workers’ Compensation act. This means those benefits specifically described in the Act might be awarded but anything NOT specifically provided for cannot be awarded. Work comp benefits fall into 4 broad categories.
Among FAQs we get from callers w/ WC claims is whether it makes a difference to their case if either they or their employer were at fault in causing the work –related accident. The short answer is no. The Workers’ Compensation system was originally intended to provide coverage to people who get hurt on the job regardless of who is at fault. This places the burden for work place safety on the party in the best position to provide for work place safety – the employer.
Among the many questions we often get asked by people who have been injured on the job is whether they need a lawyer to represent them and that’s a fair question. The answer is oftentimes “yes” but not always.
People will often ask us if their workers’ compensation case will have to go to court. That’s a question that will have to be answered on a case by case basis. Often times we are able to accumulate the evidence necessary to convince the employer or insurance company to voluntarily pay the workers’ comp benefits that are due.
We are often asked about how Workers’ Compensation benefits are calculated. The answer to that question can be very complicated and really should be done on a case by case basis by an experienced Workers’ Compensation lawyer. However we can talk in general terms about how this is done. First we’ll talk about the calculation of Temporary Disability benefits.