To understand if you get to keep your workers’ compensation benefits, you first have to understand what workers’ compensation truly is and what it does. Workers’ compensation is also known as workmans’ comp, and is a state-mandated insurance program providing compensation to employees who suffer from job-related injuries and illnesses.
Depending on which state you reside in, how you receive your benefits can vary greatly. If you have become injured or ill on the job, you will probably be able to apply for these benefits regardless of who was at fault.
However, if you choose to go in the direction of receiving the benefits, you will probably not obtain the right to sue your employer in court for damages from the injuries or illness (Nolo).
Benefits You May Be Entitled To
In California and many other states, there are various types of workers’ compensation insurance benefits you may be entitled to. You can see the following:
- Medical Care: These benefits are paid for by your employer to help you recover from an injury or illness at work.
- Temporary Disability (TD): These are payments that you receive if you lose wages. They are granted to you because your injury prevents you from doing your usual job while you are going through recovery.
- Permanent Disability (PD): These are payments if you don’t recover completely for your injury or illness.
- Supplemental Job Displacement (SJDB): These are vouchers that help you pay for retraining or skill enhancement if you don’t recover completely or return to work.
- Death Benefits: These are payments sent to the spouse, children, or other dependents if a worker just so happens to die from a job injury or illness (State of California)
What if I Return to Work?
Let’s say that you are injured but end up returning to your job – then there are some questions that need to be answered.
Are you receiving wages equal to or greater than what you were earning prior to the injury? Are you still experiencing a wage loss due to your injury?
If it’s the first instance, then your workers’ compensation benefits will likely come to an end. However, if it’s the second situation, then you may continue to receive wage loss benefits, even if they’re for a lesser amount than they were before.
Furthermore, you may wonder about how workers’ compensation varies from the Family Medical Leave Act (FMLA). The FMLA requires an employer to reinstate an employee to the same or similar position when they return to their previous job. However, workers’ compensation doesn’t carry the same requirements. This is, instead, a type of insurance that is regulated by state laws.
Under these state laws, there is generally no requirement to reinstate after workers’ compensation leave. However, many states will make an employer offer rehabilitation and retraining services to those who have been injured on the job (FindLaw).
If you have become injured on the job, you may have some questions for an experienced attorney. Workplace injuries are something that happen to many employees every year in the United States. This is why it is a necessity for your employer to carry workers’ compensation insurance. Enlist in the expertise that you need to receive the compensation that you deserve.
For more information about specific work injury case, please contact Rawa Law Group. Remember the call is FREE and the consultation is FREE. There is no obligation, the most important is to make an educated decision.
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State of California. CA.Gov, 2013. Web. Accessed October 21, 2015. https://www.dir.ca.gov/dwc/MyClaimWasAccepted.htm
Nolo. Nolo Law For All, 2015. Web. Accessed October 21, 2015. https://www.nolo.com/legal-encyclopedia/your-right-to-workers-comp-benefits-faq-29093.html
FindLaw. Thosmon Reuters, 2015. Web. Accessed October 21, 2015. https://injury.findlaw.com/workers-compensation/workers-comp-benefits-and-returning-to-work.html