Thousands of workplace injuries happen in the state each year, and most injured workers are covered by their employers’ workers’ compensation insurance policies. The purpose of workers’ compensation insurance is to provide financial relief to injured employees while shielding employers from civil liability for injured workers’ damages.
If you are a covered employee and sustain any injury while performing your job duties, you have the right to file a claim for workers’ compensation benefits. The average claimant will qualify for two forms of compensation: medical expense coverage and ongoing disability benefits for the time they are unable to work. If you want to maximize the compensation you secure from a workers’ compensation claim, it’s a good idea to hire an experienced attorney to help you.
Eligibility for In-Home Care Through Workers’ Compensation
One common question that severely injured workers have about their workers’ compensation claims is whether workers’ compensation insurance will pay for in-home care. When it comes to medical expenses available through workers’ compensation, most injured workers can expect full coverage of all medical expenses they face to reach maximum medical improvement from their injuries.
An important prerequisite for filing a workers’ compensation claim is undergoing a medical examination from a qualified workers’ compensation physician. This physician assigns the claimant a disability rating, which is a number that reflects the overall severity of their injury and the functional capacity they have to continue working. This rating influences the level of disability benefits they can receive, and the doctor also has the ability to make specific recommendations for the treatments the claimant is likely to require.
Securing Medical Expense Coverage for a Work Injury
In-home care may be essential for some severely injured workers. If a claimant has a serious injury that will leave them bedridden or unable to manage basic household tasks on their own, it is possible for the insurance carrier to pay for in-home caregiver services. However, this must be deemed medically necessary.
Most insurance companies will strive to settle claims for coverage for as little as possible, and an in-home caregiver can be very expensive. If you believe you will need in-home care following your workplace injury, an experienced workers’ compensation attorney can help ensure you receive the extent of medical expense coverage you need after your accident. Your attorney can make every aspect of the claim filing process easier to manage; you will also be prepared to meet any unexpected challenges that arise throughout your claim.
Pratt Law Corporation has years of experience negotiating with insurance companies on behalf of our clients. We know the tactics they often employ to avoid paying out the benefits they legally owe to injured workers, and we know the obstacles you are likely to face when you need in-home care and other extensive medical care following a work injury. Our team can help secure appropriate compensation for your work injury and ensure full coverage of all medical treatments you need to fully recover.
FAQs
Q: How Do I Get Workers’ Compensation to Pay for a Caregiver?
A: Workers’ compensation generally provides full coverage for all medical expenses an injured worker incurs from a workplace injury. They have the right to expect compensation for immediate and future medical treatment costs arising from their injury, and the workers’ compensation physician who evaluates them will determine their level of disability. Workers’ compensation insurance carriers will generally pay for a caregiver only if a doctor deems it necessary for the claimant’s condition.
Q: Who Is Exempt From Workers’ Compensation Insurance?
A: State law generally requires all employers to have workers’ compensation insurance, but there are exceptions. Agricultural employers with fewer than 10 employees are not required to have workers’ compensation insurance, and domestic care workers are generally exempt from workers’ compensation coverage. Independent contractors will not be covered for work-related injuries unless specifically stipulated in their contracts. If you are unsure about your status when it comes to workers’ compensation coverage, consult an attorney as soon as possible.
Q: How Much Can I Receive in Workers’ Compensation Benefits?
A: Most injured workers in the state will qualify for two forms of compensation for their workplace injuries. First, workers’ compensation insurance pays for all their medical expenses, and they will have the right to ongoing disability benefits during the time they are unable to work. The exact amount you will receive in weekly disability benefits depends on your average weekly wage prior to the injury. Most claimants receive about two-thirds of their average weekly wage in weekly disability benefits until they can return to work.
Q: How Long Can You Stay on Workers’ Compensation?
A: An injured worker who qualifies for temporary disability benefits can usually continue receiving weekly benefits payments for up to 104 weeks, and they have the right to spread these payments out over a five-year period if necessary. However, if the injured worker is still unable to resume work after 104 weeks, they may qualify for an extension of their benefits, or they could qualify for partial disability benefits to help make up for a difference in their earning power.
Q: What Will It Cost to Hire a Workers’ Compensation Attorney?
A: Pratt Law Corporation can provide the legal counsel you need for a work injury case without making your financial situation worse. We take these cases on a contingency fee basis, meaning we only collect an attorney’s fee if and when we win compensation for our client. If we cannot secure a recovery on your behalf for any reason, you pay nothing for our representation. If we win your case, you only part with a percentage of your total settlement as our fee.
Pratt Law Corporation has years of professional experience helping clients navigate the workers’ compensation claim filing process. We know that you are likely to have many complex legal questions regarding your benefits for your work injury, and facing the claim process alone would be more challenging than you might expect. If you are ready to learn how a seasoned workers’ compensation attorney can help with your recovery, contact us today and set up a free meeting with our firm.
