Workers’ Compensation and Disability
Workers’ compensation laws differ from state to state. In general, they provide benefits for workers who are injured or become sick because of work. They also provide death benefits to dependent family members of those who are killed on the job. Benefits include medical care, rehabilitation expenses, and partial or total disability coverage in lieu of wages. Although benefits are similar across the states, there are many legal details that vary and can make a substantial difference to your particular claim.
Medical benefits pay for hospital and medical expenses that are necessary to diagnose and treat your injury or illness. Doctors’ visits, medication, and operations are usually covered. In many cases, special equipment, such as a wheelchair, will be covered by workers’ compensation. Emotional injury claims can present a greater challenge to prove than physical injuries, but in states like Massachusetts that recognize emotional or mental health injuries caused by work, workers’ compensation will cover counseling or other mental health services.
Only those medical practices that are generally accepted by the medical community will be covered. It may be challenging to get coverage for experimental treatments. For example, if there is a new or innovative therapy for mesothelioma, it may be difficult to obtain coverage for it.
Rehabilitation benefits provide coverage for medical and therapeutic care that will help you recover. For example, if you suffered an amputation at the factory where you work and can no longer do jobs that require both hands, rehabilitation benefits would help you get retrained or become qualified to work at a different job.
Disability benefits are those that compensate injured or ill workers who are unable to work. Disabilities can be total or partial, and they can be temporary or permanent. A temporary total disability stops an injured or ill employee from working at all, but the employee may make a full recovery. A temporary partial disability keeps you from doing some aspects of your job for a limited period, but you may be able to do all of your job duties at some point in the future.
Permanent disabilities are those that prevent you from ever returning to full ability to do the same job. A permanent total disability is one that fully prevents you from working at your job or a similar position. However, you may not be completely incapacitated. A permanent partial disability also entails a permanent injury, but it only partially stops you from working. For example, if you sustain nerve damage in your fingers and you teach painting for a living, you may still be able to teach, but you might lose some of your fine motor skills for purposes of showing students how to accomplish more detailed painting.
Disability benefits are based on how much you earned before you were hurt. Some states cap the amount you may receive in disability benefits. You do not have to pay income tax on the benefits.
Death benefits are provided to financially dependent family members, such as a spouse, minor children, parents, or siblings. These may include funeral and burial expenses, but they will also compensate dependents for the loss of the decedent’s income. In some states, partners cannot receive benefits unless they were legally married, and stepchildren or children born outside a marriage cannot recover death benefits.
Can I Be Laid Off While Receiving Workers’ Compensation Benefits?
All state workers’ compensation laws prohibit retaliation. You cannot be harassed, laid off, fired, or demoted because you are on workers’ compensation leave or because you filed a claim. However, if your employer was already planning a layoff or to fire or demote you because of poor performance, your filing for workers’ compensation doesn’t prevent your employer from taking that adverse employment action.