You need to establish that the employer (your job) was responsible for the injury.
Your employer will try to use the following defenses:
• The employee (you) contributed to the accident
• The employee assumed the risk of injury when he/she took the job
• A fellow worker was responsible for the accident
Did your injury arise out of and in the course of your employment?
A typical workers compensation statue imposes absolute liability on employers for the benefits provided under the statue. (Absolute liability is liability imposed without regard to fault).
You should be provided full and unlimited medical expense benefits including medical, hospital, surgical, and other related medical-care costs.
Work Comp statues typically classify disabilities as follows:
Temporary partial disability – meaning that the injured workers is unable to perform some duties of a job for a definite period of time, such as thirty or sixty days. After that period, the worker will be able to resume all job duties.
Temporary total disability – meaning that the injured worker is unable to perform any job duties for a specific period of time but will ultimately recover and be able to resume all job duties
Permanent partial disability – meaning that the injured worker suffers and irreversible injury, such as the loss of sight in one eye. However, the worker will be able to resume some job functions.
Permanent total disability – meaning that the injured worker will never be able to perform any job functions.
If you have been out of work for 3-7 days you should be eligible to start receiving disability benefits. Most laws provide for payment of benefits retroactive to the date of injury.
To initiate a claim, the injured worker notifies the employer of the injury. The employer submits and injury report to the insurer, which then transmits the report to the administrative agency. The injured employee and the employer’s insurance company agree on a settlement.