After any serious accident is a time of uncertainty. Luckily after an accident that happened at work, there are protections to alleviate some of the anxiety a serious injury can cause. It is a person’s legal right to file for workers’ compensation after a work accident, and certain benefits will be available based on the severity of the injury.
With a personal injury case, such as a car accident, to receive compensation for damages a person must sue the other involved party. With a workers’ compensation laws, an employee cannot sue an employer for an injury obtained while on the job. Instead, the employee will file for workers’ compensation. All employers are required to have workers' compensation insurance if an employee gets hurt. Workers’ compensation provides benefits such as pay for missed wages and medical care after a workplace injury.
If a workplace injury can be taken care of with a basic first aid kit, then it will not qualify for workers’ compensation. Filing for workers’ compensation means that an employee cannot work for a short or long time due to an injury, or has been developed an occupational disease. When a worker cannot return to their job, their benefits are categorized by the following:
- Temporary Partial Disability: A worker may be able to return to work but under specific terms. A temporary partial disability is when a worker is only partially disabled for a short amount of time. For example, if an employee breaks their dominant hand, they may not be able to perform regular duties, but can still come to work and perform modified tasks.
- Temporary Total Disability: If a worker cannot return to work at all for a short period, it is classified as a temporary total disability. Benefits will be paid until the worker can return to their job full time.
- Permanent Partial Disability: An employee that loses hearing or sight due to workplace conditions is considered permanently partially disabled. They may be able to return to the workforce, but their earning potential is decreased due to the injury.
- Permanent Total Disability: If an injury or condition cannot be cured, such as a spinal cord injury, a worker cannot return to the job they were performing pre-injury. This means that their earning potential is diminished.
Contact a Kane County Workers’ Compensation Attorney
A workplace injury can be a burden for the worker and their family. To ensure fair compensation based on permanent or temporary disability, contact an experienced Aurora workers’ compensation attorney today. Call our office at 630-907-0909 to schedule a free consultation.