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articles: archive

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.