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What To Know About The Purpose Of Workers Compensation In Your Case

By Henry Marsilio

If you understand the purpose of workers compensation you are more likely to understand why the process is so long and why you are so heavily scrutinized for a legitimate claim. The company you work for is obligated by law to ensure that your medical needs are provided for and that a percentage of your income is provided for you. It is no longer permissible for a company to fire someone for a work related injury or illness once they have used up their sick days.

The laws have changed quite a bit over the years, and there has been an attempt to balance the worker’s needs with the company’s needs. For instance, you will have to initially work with an approved doctor. You may have to wait anywhere from 6 months to a year before you can see a different physician.

Financial compensation is often restricted to a mandatory waiting period. While each state law regarding the specifics is different, it is safe to say that you should expect to miss between 7 and 14 days of work before financial compensation starts. If you return to work before the end of the waiting period, you end up receiving no compensation for the time you were out. If you are out longer than the mandatory waiting period, you are likely to receive a percentage of pay for the entire waiting period.

Fraud is obviously a pretty big problem. If the claims that are real don’t become scrutinized, too many false claims slip through the cracks. If your claim is legitimate then the insurance company will want to exhaust all options before they finally deem that it’s time to settle the issue.

Hearings and court appearances are held in order to provide the proof that you really can’t work at this time. You might find that you are sent to physicians that will clear you to work despite what your physician says, that the company creates a position for you even if it doesn’t seem logical, and a series of pressure tactics can often become the norm for a time.

It’s not uncommon for companies to bring you back to work despite the fact that they are aware that your injuries will prevent you from doing your new job well. In these cases your performance can be evaluated and you can eventually be released from their employment for failure to perform duties.

Attorney representation can help protect your rights as they are written under workers compensation laws. The laws are often rather straightforward but do allow the company involved a little wiggle room. A lawyer helps ensure that they do not step over the line and force you into an illegal work situation.

If you are able to provide medical information that support your claim that you can’t work then you would be looking at a settlement. A settlement is not often a great sum of money. You are usually provided with one to two years of financial support and medical care. Once your settlement papers are signed and the check is written your claim is considered closed. The purpose of workers compensation is to help ensure that this option is available for those that are truly significantly injured while ensuring that those who are not really injured will be weeded out of the pack.

Do you know what the purpose of workers compensation is? Get the ultimate inside skinny on the best workers comp attorneys in our workers compensation attorney overview.

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Article Citation
MLA Style Citation:
Marsilio, Henry "What To Know About The Purpose Of Workers Compensation In Your Case." What To Know About The Purpose Of Workers Compensation In Your Case. 27 Jun. 2010. 25 Aug 2015 <>.

APA Style Citation:
Marsilio, H (2010, June 27). What To Know About The Purpose Of Workers Compensation In Your Case. Retrieved August 25, 2015, from

Chicago Style Citation:
Marsilio, Henry "What To Know About The Purpose Of Workers Compensation In Your Case"

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