If you have suffered a workplace injury, you could be eligible to receive several types of workers’ compensation benefits in Hanover County. However, determining which benefits you are be entitled to can be tricky without the help of a qualified workers’ compensation attorney. With professional legal help, you can have an easier time determining your options for getting the care you need and pursuing a favorable outcome for your situation.
Lifetime medical treatment for a work-related injury, including surgery or therapy, can be covered by workers’ compensation benefits in Hanover County. Payments for lost wages or diminished earning capacity can also be received under a workers’ comp policy, as well as transportation benefits or mileage reimbursement for traveling to doctor’s appointments. There can be additional lifelong payments if an injury causes permanent disability.
Wage loss benefits are determined by the injured employee’s average weekly earnings before the accident. If the employee has worked for their employer for at least one year prior to the accident, their earnings are averaged into a weekly wage. Conversely, if they have worked for their employer for less than a year, their lost wages may be calculated by averaging their earnings before the injury based on the number of weeks they had been working for the employer, or by using the average wages of someone who had worked in the same position for one year.
Furthermore, wage loss benefits are paid at a rate of two-thirds of the employee’s earnings before their injury, and if they are later cleared for light duty but not making as much as before, they can be entitled to receive the difference between what they earned prior and after the injury, which would likely be paid out at a two-thirds rate as well.
Workers’ compensation benefits can also address the future needs of Hanover County employees based on the lifetime of the injury, which is why any awards of medical benefits, lifetime care treatment, or wage loss reimbursement consider an individual’s financial needs while they are out of work. Medical treatment tends to be the most important concern because ensuring that someone receives the care they need can help them recover efficiently and ensure the injury has less of a lasting impact on the rest of their life.
In addition, wage loss benefits can help an individual financially during periods when they are out of work and not receiving any kind of income. These benefits mean to address current and future needs in order to minimize the effect that a work-related injury has on an employee’s quality of life and ability to return to work.
If a claim is not approved by the workers’ compensation insurer, either through agreement forms or some other method, the injured employee must file a claim with the Workers’ Compensation Commission within two years of their accident and supply medical records proving the extent of their condition and the necessity of benefits. Their claim could result in a hearing before a deputy commissioner who will determine if an injured worker is eligible for benefits.
The reason an injured individual may not be entitled to workers’ compensation benefits would be if their accident either did not occur at their place of work or did not result from their normal work duties. Furthermore, an injured employee cannot receive workers’ compensation while also receiving unemployment benefits, as workers’ comp is meant for people who are unable to work because of their disability.
Employees can collect unemployment benefits if they are on light duty while waiting for workers’ compensation benefits. However, after workers’ compensation is adjudicated and benefits are awarded, the injured employee would be obligated to pay back the unemployment payments, although workers’ comp typically reimburses people for any period they are unable to work.
To achieve success with a workers’ compensation claim, it is important to know what benefits you are qualified to receive and how best to go about pursuing them. An attorney with experience negotiating for workers’ rights to benefits in Hanover County can provide steadfast assistance throughout the entire claims process. Call today to learn more.