Enjuris Blog | Find Answers and Share Your Accident's Story

Finding answers after your accident

24/7 Free Consult   (800) 734-4134    Log in     EnglishSpanish
  • Find a Lawyer
  • Accident Resources
    • Laws by State
      • Arizona
      • California
      • Colorado
      • Florida
      • Georgia
      • Indiana
      • Montana
      • North Carolina
      • Tennessee
      • Texas
      • View all
    • Personal Injury Law
      • You’ve been hurt. Now what?
      • Do I have a claim?
      • Finding the best attorney to represent you
      • Dealing with Insurance
      • View all
    • Accident Types
      • Car accident
      • Truck Accident
      • Workplace injury
      • Wrongful death
      • View all
    • Workers’ Comp
      • Common work injuries
      • Finding the best workers’ comp lawyers
      • How workers’ comp benefits work
      • Personal injury vs. workers’ compensation
      • View all
    • Injury Guides
      • Spinal Cord/Column
      • Brain Injury
      • Occupational injuries
      • Whiplash
      • View all
    • More
      • Blog
      • Tell Your Story
      • Ask a question
      • Forms and Worksheets
      • For Students
      • About Us
  • Attorney Marketing
    • Become a partner
    • Contribute to our blog
    • Join lawyer directory
    • Partnership Opportunities
Home > Blog > Questions & Answers > What Are Workers’ Compensation Benefits?

What Are Workers’ Compensation Benefits?

Contributor: Jennifer Kilgore How can I contribute?

workers compensation benefits

Answer: Workers’ compensation benefits apply when and if you are injured on the job

If you are injured on the job, you should qualify for:

  • Time off work while recovering
  • Appropriate medical treatment for injuries sustained
  • Compensation for permanent disability acquired as a result of your injury
  • Vocational retraining if you’re unable to return to your prior position
  • If a worker dies on the job, his relatives are entitled to a lump-sum payment and burial expenses.

Each state requires temporary workers’ compensation benefits to disabled employees, but those payouts vary wildly. For instance, Texas had a weekly payment maximum of $912.69 as of 2016, while Florida had a weekly maximum of $863. Georgia, meanwhile, was down at $575.

What if I wasn’t totally disabled by my accident?

Well, there’s another option. You can choose to pursue a workers’ compensation benefits settlement, though you would be giving up some rights in the process.

Let’s say you had permanent partial disability. This means that you were definitely disabled by your workplace accident, but there are still many things that you’re able to do. You just can’t return to the exact job that you had before.

Workers comp benefits pay you over time while a workers comp settlement provides a lump sum  Tweet this

If you also had surgery or your body will never return to its pre-injury condition, then you should consider pursuing this type of monetary claim.

Of course, you will be giving up a few things in exchange – the right to pursue future medical care, the right to connect your injury to any other medical conditions, and the right to claim total disability.

If you were under temporary total disability and your injuries left you unable to work for a length of time, you most likely received partial or total temporary disability benefits, or time loss compensation benefits.

If your employer didn’t pay you those benefits (or didn’t pay you enough), you might instead receive a lump-sum amount for what you’re owed in exchange for not pursuing compensation.

This sort of thinking can also apply to unpaid medical bills.

If your bills weren’t catastrophic and you just paid them as they came in rather than sending them to your boss, you probably want to get them reimbursed. In this case, your employer might offer you a lump-sum settlement in exchange for no further pursuit of medical costs or reward on your part.

What am I giving up by accepting a settlement?

By accepting a settlement, you are forgoing the opportunity to pursue a claim for total disability against your employer.

You can’t go after additional medical costs; really, you can’t go for anything else. That includes medical treatment.

If you think you’re going to need a leg amputated, you might want to wait because you’re going to need surgery on your company’s dime. However, if you don’t need surgery, a settlement is better than money that you don’t have.

Either way, make sure to discuss the pros and cons of a settlement with a qualified workers’ compensation attorney in your state.

More articles on job injury and workers' compensation
  • How much does a workers’ compensation lawyer cost?
  • How to prepare for a workers’ comp doctor evaluation
  • Lump sum vs. lifetime benefits for your workers’ comp settlement
  • Third-party workplace injury claims vs. workers’ compensation
  • 10 telltale signs of a bad workers’ compensation attorney
  • Carpal tunnel: A leading cause of occupational injury
  • How to prevent cold work injuries
  • Common injuries that affect nurses and other health care professionals
  • The most common types of occupational diseases
  • Tips for finding a skilled workers' compensation lawyer near you
  • Tips to help prevent heat related injuries
  • The most dangerous professions in America
  • Common reasons workers’ compensation claims are denied
  • Repetitive strain injuries in the workplace
  • How to report a workplace injury
  • Guide to Social Security Disability Benefits
  • Hearing and vision loss in the workplace

Comments

  1. Shelly says

    March 10, 2020 at 4:46 pm

    Here’s my question: I fell on the ice in the parking lot of my workplace after work. So I was not on the clock when it happened. I didn’t lose consciousness, just had the wind knocked out of me. I had a sizable bump on my head. I saw a doctor the next day, who dismissed me and said I was experiencing weekend warrior syndrome. He didn’t examine me. Just sent me on my way. I saw another person at a different facility the day after. She checked my eyes and checked my spine. Gave me a pain reliever and sent me on my way. 1 week after the incident I went and saw a different doctor who gave e me a neurological examine. Took me off work for 4 days. I went and saw him after and had me go back to worker and wear ear plugs. I do electrical boards. On the 27th if February I went back to see him because I was just exhausted and my headaches were constant. He had me take that Friday off, and returned to work Monday. Still wearing ear plugs, but also sunglasses because of the lights. I have had to use 42 hours of my PTO hours for missed time. Here’s the big question; is this a workmans comp claim or is it a liability claim against the property since it happened outside.

    Reply
    • Ian Pisarcik says

      April 16, 2020 at 10:27 am

      Shelly,

      It’s hard to say without more information. If the accident “arose out of” your employment, then this may be a workers’ compensation fact. The fact that you weren’t on the clock means the accident probably didn’t arise out of your employment, but this isn’t necessarily the case depending on the state where it happened and what exactly you were doing in the parking lot (were you completing a work-related task, etc.).

      If the accident didn’t arise out of your employment, you might be able to sue the business for negligence under premises liability laws. You would have to prove that the business was negligent in failing to remove the ice.

      I would recommend meeting with an attorney in your area. Most initial consultations are free and the attorney will be able to go over the facts of your case and tell you which claim to pursue.

      Reply
  2. Levi Armstrong says

    September 24, 2020 at 10:19 am

    From Nevada
    I find it helpful when you said that by accepting a settlement from my employer, I wouldn’t be able to go after additional medical costs in the future. One of my friends got a work-related injury that resulted in him getting his foot amputated. I will be visiting him later at the hospital, so I’ll tell him not to accept a settlement and instead look for a workers compensation lawyer to represent him. Thanks!

    Reply
    • Ian Pisarcik says

      September 25, 2020 at 8:21 am

      Thank you for the comment, Levi!

      Reply

Leave a Comment Cancel reply

Required fields are marked *. While our editors moderate all comments, Enjuris cannot guarantee the authenticity or accuracy of the information contained in the post. Also, any information you provide in your comment will be made public on our website. Please avoid sharing confidential and personal information.

Legal Rights Defenders - FREE CONSULTATION 24/7

Categories

  • News Stories
  • My Accident Story
  • Resources You'll Love
  • Questions & Answers
Ask a question

In Your State

AZCA CO FL GA IN MT NC TX

Attorney Authors
Enjuris Partners

Denver accident lawyer Mack Babcock

Mack Babcock
The Babcock Law Firm, CO

Texas personal injury and wrongful death lawyer Laura Brown

Laura Brown
Brown Trial Firm

George Lorenzo

George Lorenzo
Lorenzo & Lorenzo, FL

Neal Davis

Neal Davis
Neal Davis Law Firm, TX

Ben Gerber

Ben Gerber
Gerber & Holder Law, GA

Thomas H. Hinson

Thomas H. Hinson
WPMH, GA

Charles Scholle

Charles Scholle
Scholle Law, GA

Tom Murphy

Tom Murphy
Murphy Law Firm, MT

Matt Murphy

Matt Murphy
Murphy Law Firm, MT

Robert E. Wisniewski

Robert E. Wisniewski
Law Offices of Robert E. Wisniewski, AZ

Wilder Pantazis Law Group

Wilder Pantazis Law Group
NC

Contributors

  • Steven G Wigrizer
  • Terry Bryant

Free E-Books

car accident e-book

I've been in a car accident I've been in a truck accident

truck accident e-book

What happens now?

Tags

accident claim accidents arizona Atlanta attorneys bicycle accidents brain injury Car Accidents children Colorado compensation covid-19 damages Denver Florida Georgia guest post Houston insurance company landlord liability law schools lawsuits liability medical malpractice Montana motorcycle accidents negligence personal injury personal injury lawyers pharmaceutical liability premises liability product liability safety settlement slip and falls statute of limitations students Tampa Texas tort toxic tort truck accidents women workers' compensation wrongful death

What is Enjuris®?

A collection of resources to help people at a tough time in their lives. A place to share your story. A national directory of injury lawyers. Supporter of students, families, caregivers and our communities. How can I contribute?


Hire the right lawyer (800) 734-4134

Lawyer Directory
Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys
Workers' compensation attorneys

Enjuris Partner Accident & Injury Lawyers

Tampa Personal Injury Attorneys
Lorenzo & Lorenzo (Tampa, Florida)
Finderson Law (Fort Wayne, Indiana)
Wilder Pantazis Law Group (Charlotte, North Carolina)
Williams & Brown (Waco, Texas)
The Babcock Law Firm (Denver, Colorado)
Gerber & Holder Law (Atlanta, Georgia)
Law Offices of Robert E. Wisniewski (Phoenix, Arizona)
Murphy Law Firm (Great Falls, Montana)
WPMH Legal (Macon, Georgia)
Scholle Law (Duluth, Georgia)


Law students

Enjuris' Student Center is a resource for all pre-law college students and current law students. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.


Partner with us

If your goal is to help people after an accident or injury – or to prevent them in the first place – we'd love to hear from you! We look to work with educators, healthcare and recovery organizations, insurance providers, law firms and other organizations. Get in touch to see how we can work together. Learn more...


Are you a personal injury lawyer?

Login Add your Firm Lawyer online marketing Free resources for attorneys

Contact us today to get involved.
Services for attorneys
Personal Injury Law Firms Directory
Directory guidelines
Law firm SEO quote
Terms of Use



SEO Advantage®, Inc.    SEOLegal Division, Lawyer Marketing    3690 West Gandy Blvd., Suite 444    Tampa, FL 33611    Contact us today

Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Read more about Enjuris.


Copyright © 2021 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Privacy policy.

SEOLegal.com