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Grupo MedLegal® > Frequently Asked Questions > Workers’ Compensation

Workers’ Compensation

What is workers’ compensation?

Workers’ Compensation is a state program that mandates by law that all companies must have private health insurance, so that in the event a worker’s wellbeing is affected by his job, this insurance will be responsible for covering the appropriate benefits that the law requires—regardless of the worker’s immigration status.

Does the same law apply for all states?

It does apply overall, but each state is independent and some procedures or limitations may vary from state to state.

What happens if an employer does not have insurance or refuses to provide workers’ compensation?

The best thing to do is to seek help from Grupo MedLegal, where we will find an expert attorney to handle your problem. When an employer does not have insurance, there is a state fund for paying benefits. Not just any lawyer can represent you in this case. If your employer refuses to provide benefits, it is also important to act quickly and seek help as soon as possible, primarily because there are time limits for claiming your benefits.

Why do I need a workers’ compensation lawyer?

Most employees and employers hire lawyers, and the compensation depends upon who is representing you. If the employee does not get a lawyer, he or she is responsible for following up on the claim, showing up at hearings when necessary, and presenting evidence of eligibility by law. Employees are recommended to seek an attorney by calling an attorney recommendation service such as Grupo MedLegal.

What benefits am I entitled to receive through workers’ compensation?
The law provides the following categories of benefits:

  • The medical attention reasonably required to cure or alleviate the employee from the effects of the injury.
  • Total temporal disability (TTD) benefits while the employee is out of work, recovering from injury.
  • Partial permanent disability (PPD) for the employee who has a certain permanent disability or disfigurement but who can still work.
  • Permanent total disability (PTD) for the employee who has been permanently disabled from working.Death benefits for the eligible surviving family members.
  • Death benefits for the eligible surviving family members.

These are among other benefits that may vary by state. To find out everything there is to know about the benefits that apply to you, you can get in touch with Grupo MedLegal free of charge. Call or write us using our contact form.

What counts as a work-related accident?
Work-related accidents are considered to be any incident occurring during the work day caused by a third party or from the use of specific equipment or machinery; some examples could be injuring your back from a fall, burning yourself with a chemical product that splashes on your skin, or being injured in an auto accident while making deliveries, etc.
I was involved in an accident at work. Do I have the right to workers’ compensation?

Absolutely. The sooner you contact us, the sooner you can begin to receive the benefits that are yours by law.

I was involved in an accident at work. What should I do?
First, report the injury or problem to your employer by immediately informing your supervisor. If your injury or sickness developed over time, let your employer know as soon as you become aware or believe that the problem was caused by your job. Informing immediately helps to avoid issues and delays with receiving benefits, including medical care that you may need. If your employer does not become aware of your injury within the time defined by each state, you could lose your right to receive workers’ compensation benefits. Get emergency medical attention if needed. And, be sure to call Grupo MedLegal, where we will be glad to walk you through each step so that you can receive the compensation you are entitled to by law.
What paperwork do I have to fill out to make a workers’ compensation claim? What documents do I need?

The forms to fill out vary from state to state. This gets the process started to determine all the benefits you could be eligible for under state law. At Grupo MedLegal, we have expert attorneys in different states. Consult our locations for workers’ compensation lawyers and physicians.

What kinds of work injuries does workers’ compensation cover?

According to the Workers’ Compensation law, accidents that occur due to and during employment are eligible to receive the benefits of workers’ compensation. The law covers injuries originating totally or partially from the employee’s job; ranging from a fall or injury from the use of work equipment, to injuries due to repetitive work that can gradually affect vision, hearing, or movement of some part of the body.

What kinds of work injuries are not covered by workers’ compensation?

Injuries that do not occur due to and during employment are not covered. The injuries that could qualify vary from state to state. Occasionally, certain types of allergies acquired in the workplace do not qualify since they can improve over time with no permanent damage.

Does the injury have to be during work hours to be covered by the compensation?

Workers can definitely claim workers’ compensation when accidents occur during normal work hours. It will depend on the specific laws from each state whether the worker can be compensated when the injury occurs outside normal work hours in terms of time, space, or work being performed.

I am afraid I will be fired if I open a workers’ compensation claim.
It is illegal for an employer to harass, terminate, refuse to rehire or discriminate in any way against an employee for having exercised his or her lawful rights. If this should occur, the employee can make a separate claim for damages to the circuit court. However, an employee with a pending compensation claim may continue to receive disciplinary action or be terminated for other valid reasons.
¿Que beneficios tengo si abro un reclamo de compensación laboral?
La Ley provee las siguientes categorías de beneficios:

  • Atención médica razonablemente requerida para curar o aliviar al empleado de los efectos de la lesión.
  • Beneficios de discapacidad total temporal (TTD, por sus siglas en inglés) mientras el empleado está sin trabajar, recuperándose de la lesión.
  • Beneficios de discapacidad parcial permanente (PPD, por sus siglas en inglés) para el empleado que presente cierta discapacidad o desfiguración permanente, pero que pueda trabajar.
  • Beneficios de discapacidad total permanente (PTD, por sus siglas en inglés) para el empleado que haya quedado permanentemente incapacitado para trabajar.
  • Beneficios por fallecimiento para familiares sobrevivientes elegibles.

Entre algunos otros beneficios que pueden variar por estado. Para asegurarse de conocer los beneficios que aplican a usted, puede comunicarse de manera gratuita a Grupo MedLegal.

What kinds of injuries qualify for Workers’ Compensation?
The most common injuries are to the back, neck, head, and upper and lower extremities. Fractures, sprains, pulled muscles, and significant burns are common; or poisoning by certain substances such as asbestos and lead. Injuries from repetitive work are also frequently seen.
I have injuries from repetitive work. Do I have the right to workers’ compensation?

There are a variety of injuries that can be caused by repetitive work. Call or write us using our contact form and we will be glad to assist you with your case.

I was unfairly dismissed from my job. What should I do?

Contact us as soon as possible to receive support.

Under what circumstances is an unjustified termination case not viable?

The case is not viable when termination is attributable to the employee.

What is work-related disability?
Work-related disability refers to periods of time in which it is impossible for the employee to work. The disability may be short-term or permanent. Factors which may be considered to determine the level of disability include the person’s age, skills, occupation, ability, inability to perform certain types of activities, pain, rigidity, or limited movement.
How can I request work-related disability?

You need a statement from a medical specialist indicating that you are unable to work for a certain time and you need to start the paperwork process to receive disability payment.

What is short-term and permanent disability?
Short-term: This is the disability granted by doctors to the worker for a certain time per the maximum state limits, during which the worker may receive a percentage of his or her salary until the doctor gives a medical release. Permanent: This type of disability occurs when current medical resources have been exhausted and there is permanent damage, for which a financial compensation is granted.
What can I do if I was a denied a work-related disability?

It is always indispensable to review all possible factors. Call Grupo MedLegal so that our attorneys can give advice regarding any problem related to disability.

I am an undocumented person. Do I have the right to make a work-related disability claim?

Every person who has worked in the United States can access workers’ compensation benefits. To find out more about all the benefits you are entitled to, you will need to let our lawyers review your situation.

What are the steps to follow to make a work-related disability claim?

You need a written statement from a physician as evidence of the disability to begin the process with the responsible insurance company or the department of disability.

How much time will my case take?

This depends on many factors—such as the seriousness of the work-related injury or illness—as to how quickly the necessary paperwork is handled.

Do I have to go to court?

If the case is not resolved with the insurance company, it is necessary to go to court and present all the documentation necessary to prove that the client was injured at work.

I work at a place that is considered dangerous or toxic. Will I receive special attention because of this?

There are certain substances such as asbestos or lead where the employee is required to use certain protective equipment so that his or her health is not harmed. If this does not occur, it is negligence on the part of the employer. Consult our attorneys for more information, free of charge.

I had an accident in the workplace involving the use of equipment or machinery. What should I do?

Report it as soon as possible to your employer and go to the doctor for an evaluation. Grupo MedLegal offers medical and legal attention for workers.

I fell at my workplace. What should I do?

We are working to update this content.

I had a car accident while working. What should I do?

Call the police to make a report, go to the doctor, and report the accident to your employer as soon as possible. This will help the process when we take your case.

What is the time limit for making a workers’ compensation claim?

Every state is different, and at Grupo MedLegal we will consult with our attorneys to find out if the case is still valid.

Who covers the attorneys’ and doctors’ fees?

The responsible company’s insurance covers these fees. Attorneys have fees which are deducted from the worker’s final compensation, regulated by the state and a judge. The company’s insurance also covers the costs of medical care.

How much is my case worth? How much can I get from workers’ compensation?
The amount that can be given for workers’ compensation depends on several factors. The percentage of permanent disability that the worker will have after receiving medical attention must be considered to estimate the compensation amount.If the person is not 100% able to work, his or her compensation must be evaluated per state law, type of work, If the person is not 100% able to work, his or her compensation must be evaluated per state law, type of work, length of time working, salary received, and worker’s physical discomfort as well as age. If the disability is short-term, the compensation will pay for medical treatment as well as a large part of the income that the worker is losing for not being able to work while recovering.
Where can I request work-related disability?

Work-related disability can only be granted by a state-authorized doctor. At Grupo MedLegal, we offer you free medical attention from a qualified doctor who can give you short-term or permanent disability status.

I am suffering from employment discrimination. What should I do?

Employment discrimination can arise from physical injuries, psychological problems, stress, or even unfair termination of employment. To show evidence of the damage the worker has suffered and receive workers’ compensation, he or she must report these damages as well as show evidence from a physician that these physical or mental injuries were the result of mistreatment in the workplace.

I am suffering from harassment in the workplace. What should I do?

It is always indispensable to report harassment and to call Grupo MedLegal, where we will listen to you and consult with an attorney regarding what possibilities you have of getting benefits from workers’ compensation.

What happens if a person dies due to an accident at work?

It is important for the relatives of the deceased person to get legal advice before accepting any offer from the company. At Grupo MedLegal, you will find an expert attorney to help you in this situation.

What type of medical attention will I receive for my injury?
You will receive all reasonably necessary medical attention to cure or relieve the effects of the injury. This includes, among other things: first aid, emergency attention, doctor visits, hospitalization, surgery, physical therapy, chiropractic treatment, pharmaceutical products, prosthetic devices, and prescribed medical equipment. The cost of the devices, such as shoe lifts or a wheelchair, may be covered. If the work-related injuries result in a disability that requires physical modification to the employee’s home, such as a wheelchair ramp, the employer may have to cover these costs as well.
How can I avoid accidents in the workplace?

You can avoid accidents in the workplace by verifying that the company where you work complies with all safety regulations, and taking note of them. At the same time, you should be aware of work conditions and inform yourself about the procedures or the correct use of tools and equipment on the job.

Why should I hire Grupo MedLegal to take my workers’ compensation case?

You should choose Grupo MedLegal because of the many years of experience we have, helping people like you. See the following page for successful workers’ compensation cases that we have represented.

Approximately how much will my compensation be?

Employees may receive as much as ]

,428 per week. The amount that may be given for workers’ compensation depends upon several factors. To estimate this amount, the percent of permanent disability that the worker will have after receiving medical attention must be considered. In other words, if the person is not 100% able to work, compensation must be evaluated per state law, type of work, and worker’s physical discomfort as well as age.

If my doctor sent me back to work with restrictions, what should I do?

You have the right to a second opinion. Our physicians and attorneys will help you with this process.

Can I go to the insurance company’s doctor, or do I have to go to Grupo MedLegal’s doctor?

You can go to any doctor, but keep in mind that the insurance company’s doctor works for a company and not for you. Because of this, he or she will always try to give the worker the least disability possible, which will also affect the amount of compensation that you may be able to obtain. Grupo MedLegal’s doctors always seek the greatest benefit for workers.

If I already have a lawyer, can Grupo MedLegal’s lawyers take my case?

Yes, the lawyers at Grupo MedLegal can help you. Normally, a complete case record is needed to give a quick answer, but we will help by telling you what is needed.

What is the difference between hiring a regular lawyer and a lawyer from Grupo MedLegal?

What sets Grupo MedLegal apart is that all our lawyers are well-versed in their respective state laws, as well having years of experience in workers’ compensation cases that another lawyer may not have.

My doctors recommended that I have surgery, but I am afraid to do it. Will I lose my benefits if I don’t?

You will not lose benefits, but it could be a hindrance to your case progressing normally since surgery is part of your treatment.

How long will it take to start receiving my disability checks?

From the time you get your disability documents from a physician, they could take three to four weeks to be approved.

Can I work somewhere else while I have an open workers’ compensation claim?
It’s possible if it isn’t a physically demanding job or doesn’t go against doctor’s orders and treatment. It’s worth noting that the employee has responsibilities concerning medical treatment:

  1. To seek first aid or medical attention immediately after the injury or as soon as gradual symptoms begin to affect physical activity at work or at home.
  2. To cooperate with doctors and do everything possible to achieve full recuperation and return to work, if possible. The employee may lose his or her eligibility for benefits due to risky or unhealthy activities.
  3. To inform health care providers that the treatment is for a work-related condition. This lets the providers know that the employer is responsible for the medical bill.
  4. To provide the employer with the name and address of the doctor or hospital chosen. If the employee changes providers, he or she must notify the employer of the change.
If I work for two companies, does the claim involve both?

This depends on whether both companies are involved, and for how much time you have been working at each company.

How much time do I have to report an accident at work?

The time limit for reporting an accident at work varies in each state. Remember that reporting as soon as possible will help you receive your benefits without complications. For example, in Illinois you have 45 days (90 days for injuries resulting from exposure to radiation), in New York you have 6 months, and in California you have 1 year.

I no longer work at the company, but how I have issues from the work I used to do. Can I still get help?

Yes, you qualify. In the case of stress, it depends on the state which requirements apply. You need specialized medical attention and need to have reported it to an employer.

I don’t have physical problems, but I am dealing with a lot of stress. Does this qualify as well?

Yes, stress counts. Different requirements apply depending on the state. You need specialized medical attention and need to have reported it to an employer.

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You can also consult our frequently asked questions section.

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