If you work part- or full-time on a regular basis in Hampton, you are probably entitled to workers’ compensation benefits. Workers comp protects you from day one in case you get injured at work. It should guarantee quality medical care, weekly wages, and reimbursement of your costs as you recover.
Unfortunately, there are flaws in the system that can make it hard for injured workers to access the full benefits they deserve. If you are having problems with your claim, contact a Hampton workers compensation lawyer as soon as possible.
Our workers’ comp attorneys at John Foy & Associates can ensure your legal rights are protected as an employee. You should not have to foot the bill for the cost of injuries that happen on the clock. Over the past 20 years, we have helped thousands of injured workers get the compensation they deserve—often, much more than they realized they were entitled to in the first place. Call (404) 400-4000 or contact us online to get started with a FREE consultation.
An Overview of Workers’ Compensation in Hampton
Workers’ compensation was established by the government decades ago to help protect workers who are hurt on-the-job. The two main objectives of workers’ comp are to:
- Provide injured workers with medical care and other financial support as they get better
- Avoid the need for a lawsuit between employee and employer
Unlike personal injury cases where someone is found to be at fault and liable for costs, fault is not a factor with workers’ compensation. It is a “no-fault” system—it doesn’t matter how the injury happened, who caused it, or even whether or not it was directly related to your job responsibilities.
If you were injured at work while on-the-clock, you are covered. And your employer is required to carry a workers’ compensation policy meant to pay for the costs of an employee injury.
A large chunk of workers’ compensation claims come from physically risky industries, such as construction. However, any type of work injury—in any work environment—is eligible for workers’ compensation, even if you work all day in an office.
Common Misconceptions About Workers’ Compensation
There are two areas that people commonly misunderstand about workers compensation:
- It is not a handout. Your employer is legally required to purchase a workers’ comp policy for their employees. These benefits are owed to you as a regular employee of the company. It is your legal right to file a claim for benefits after a workplace injury.
- All injuries are covered. The work injury does not have to be directly caused by your work duties. If the injuries happened at work, it should be covered.
Sometimes, injured workers are also told by their employer that workers’ compensation isn’t available to them. But all employers with three or more regular employees are legally required to carry workers’ compensation in Hampton. If you are hurt at work and your employer says they don’t have coverage, contact a workers’ compensation lawyer immediately.
What Workers’ Compensation Covers
Workers’ compensation insurance should cover all costs resulting from your injury. This includes
- Medical treatment
- X-rays and other tests
- Prescription medications
- Physical therapy or vocational training
- Costs of traveling to and from doctor appointment (at a reimbursement of 40 cents per mile)
If you cannot work for seven days or more, workers comp will also provide weekly wages at two-thirds of your average salary (up to $675 per week, as of July 1, 2019). These payments continue until either 400 weeks have passed or you reach maximum medical improvement (MMI).
Disability Benefits from Workers’ Compensation in Hampton
If you have a temporary partial disability, which means you can still work, but you’re earning less than before, you can receive two-thirds of the difference between your average wages before and after you were hurt.
When you have completed treatment, you will be evaluated to see if you have a permanent partial or permanent total disability. If you are permanently and totally disabled, you will continue getting paid weekly for the rest of your life. If you have a permanent partial disability, you may continue receiving benefits depending on the nature and severity of your disability.
Workers’ Comp Benefits After a Death
Sometimes, workers are killed during a workplace accident or as a result of work-related injury or illness. In the event of a worker’s death, their dependents are eligible for workers’ comp benefits too. These benefits include:
- Two-thirds of the worker’s average weekly wage (paid to the worker’s spouse, children, or others who are their dependents)
- Up to $7,500 in funeral and burial expenses
Workers’ Compensation for Mental Health Conditions
Injuries can easily include mental health conditions. Although you must have a physical injury to receive workers’ compensation benefits you can sometimes recover for emotional damages if they result from the physical injury. Insurance companies are more likely to question emotional issues from an injury, so you will need to provide evidence of the mental health condition.
An experienced workers compensation lawyer can help you build a strong claim that accounts for all damages, including mental health conditions caused by your accident.
Talk to a Workers’ Compensation Lawyer in Hampton for Free
All injured workers in Hampton have a right to file for workers’ compensation. Don’t let your employer or the insurance company tell you otherwise until you have all the facts. At John Foy & Associates, we can help you fight for your rights as an employee.
You should not have to pay for the costs of a workplace injury or stress about how to pay for your bills if you cannot work. We understand how stressful it can be to worry about expenses on top of trying to recover from physical injury. That’s why we have been helping injured workers all throughout Georgia get the compensation they need for over 20 years.
We can help you, too—starting with a FREE consultation. There’s no cost to schedule a meeting with us, and we don’t take a dime unless we win your case. To schedule your FREE consultation today, call us at (404) 400-4000 or contact us online.