May 19, 2012
Workers' Compensation
FAQs About Workers’ Compensation
by Jim Abernathy
Q. What is Workers' Compensation?
A. It describes the legal basis for an injured employee to make a claim against his employer for an injury on the job. It also describes the kind of insurance that covers those injuries.
Q. What can I sue for in my case?
A. Workers' compensation benefits. They include a weekly payment for a percentage of disability calculated according to a formula. The number of weeks is also determined by a formula. Further, a medical benefit for injury related problems and vocational retraining may be available. The case is tried to a judge without a jury. There is no award for pain and suffering and other losses.
Q. Will I get a lump-sum?
A. The Court does not have the authority under law to award the future benefit in a lump sum; however, most settlements are in the form of a lump-sum by agreement of the parties.
Q. How long will my case take?
A. It depends upon the particular facts of the case. Each case is different. In a few, rare instances, cases can be brought to a conclusion in just a few months, but most cases take between 12 and 24 months. Of course, some do take longer.