The amount of money workers’ compensation provides an injured employee varies from state to state, but usually covers medical expenses, workforce rehabilitation costs and a percentage of lost wages. Disability pay may be temporary or permanent based on the extent of your injury and is usually ½ – ¾ of your pre-injury salary.

While workers’ compensation covers 100% of your medical expenses, you may not be able to choose where you receive medical care. Depending on the state that you live in, you may have to receive medical care from an employer approved physician.

Hearings for workers’ compensation take place in workers’ compensation courts, which differ from the civil court system. For this reason, if you are having trouble collecting workers’ compensation from your employer, it is important to hire an attorney who thoroughly understands the workers’ compensation system and has experience handling workers’ compensation cases.

While injured workers are typically unable to sue employers for damages under workers’ compensation, situations exist where an employer’s gross negligence demands further legal action. A qualified workers’ compensation attorney can inform you of your legal rights and provide you with the advice you need to make informed decisions about your case.

Filing a workers’ compensation claim involves many steps and can be complicated. There are also certain deadlines you must meet in order to be eligible for workers’ compensation benefits. Hiring an experienced attorney is the best way to ensure that you get the benefits you need after being injured on the job.

When you are injured at work or from doing something work-related, you should let your employer know immediately. Prompt reporting of an accident to your employer will allow the paperwork to be filed with your state’s workers compensation board or industrial commission in a timely manner. This will help ensure that you receive the compensation you are entitled to for your work injury.

It is important to check with your state’s workers compensation board or industrial commission after you have informed your employer of your work injury to make sure that the appropriate documents have been filed for your claim. Failure to report a workers compensation claim in a timely manner may make you ineligible to receive the benefits you deserve and the legitimacy of your claim may be called into question.

If your injuries were the result of a specific accident, it is important that you provide your employer with the names of witnesses in addition to information about the accident such as: when the accident happened, where the accident happened and how the accident happened. Be sure to document your injuries carefully and write down your description of the accident as soon as possible after the occurrence.

Keeping a journal of your pain and suffering is a good idea as is taking pictures of your injury at various stages of recovery. Memories fade with time and if you need to pursue legal action it is essential that you have documents to support the claims that you are making. A workers compensation attorney can advise you on what to document and how to document your work-related injuries.

If the injuries you sustain while on the job doing a work-related activity are minor, you may not need to seek a workers compensation attorney’s help. However, if your injuries are substantial, permanent and/or life-altering and your employer denies your workers compensation claim or does not compensate you the benefits you are due, utilizing a workers compensation attorney may be your best course of action. It is best to consult a personal injury lawyer with specific workers compensation claim experience if your workers compensation claim is not being handled correctly.

Most personal injury lawyers will work on a contingency fee basis (see Understanding Attorney Fees), so your attorney does not receive compensation for his or her efforts unless your case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it may be hard to find a personal injury lawyer to work for you. Therefore, you should endeavor to hire a personal injury lawyer who practices workers compensation claims (see What to Look for in a Personal Injury Lawyer). In most states, workers compensation claims are not handled by the court system. Rather, they are handled by the Workers Compensation Administration where your claim is heard by an administrative judge. A workers compensation attorney should know the intricacies of this system and be able to help you through the often complex laws governing workers compensation.

Generally, if you are eligible to receive workers compensation benefits you are not allowed to file a personal injury suit against your employer. However, there are a few circumstances whereby you may file a lawsuit against your employer. First, if your employer caused your injury intentionally, you may want to consider filing a personal injury claim against your employer. The second circumstance that may allow you to pursue a claim against your employer is if your employer is required to carry workers compensation coverage but does not. If you encounter either of these circumstances, it is in your best interest to contact a personal injury lawyer with expertise handling workers compensation claims so you can receive the compensation due to you.

Outcomes are often unfair to those who file workers compensation claims. Some lose their jobs or have a hard time finding another job after filing a workers compensation claim. Therefore, you should consider talking to a workers compensation attorney to handle your claim if you are pursuing legal action.