There are several factors to consider when it comes to workers’ compensation benefits, which can make this a confusing time for anyone who has been injured. It can be a complex process, requiring help from a skilled attorney to get you through the matter. Before you file for workers’ compensation benefits, you should understand some important information about the process prior to and after filing a claim. At The Perecman Firm, P.L.L.C., our New York City workers’ compensation lawyers receive several questions regarding the benefits injured workers may receive. To help ease the process a bit for you, we offer up some facts you should know to protect yourself going forward.
Returning to Work
There are some people who may believe that when they are approved for workers’ compensation benefits, they don’t need to rush in order to get back to work. However, there are some things to know regarding returning to work after an injury. Not only will it help you heal by getting back to an active lifestyle, but you can also get back to your full amount of pay. Workers’ compensation only covers a portion of the income you earned while working.
Even if you go back to work in a different capacity and your salary is lower than before you were injured, you may be eligible for reduced earnings benefits that would make up for the remainder of the income. When you return to work, you still may be eligible to receive treatment for your work-related injury.
Rights as an Employee
When you are injured in the workplace, you have certain rights that must be protected. For instance, while your employer is not required to keep your position open, they may do so as the Family and Medical Leave Act (FMLA) makes it so some employees can receive 12 weeks of unpaid leave per a 12-month period due to serious medical problems. An employer cannot fire you if you file a workers’ compensation claim and a potential new employer may not ask if you have had a workers’ compensation case.
It is important to keep in contact with your employer during the time you are unable to work. You can update him or her regarding your status and the possibility of returning. This allows you to keep them informed on if you are going back to work and see if they still have your position open.
Partial Disability and Total Disability
When a person files for disability benefits, they will either be categorized as partial disability benefits or total disability benefits. When a person is partially disabled, it means they have lost some ability to earn an income. They are limited in their daily activities or work performance, but they can still perform some tasks such as part-time work or take a position in a capacity responsible for lighter work. A person who receives total disability can no longer earn any income or work period. Partial disability benefits may require you to actively seek work that you can perform and accept an offer for said work.
Understanding the various restrictions involved in workers’ compensation can be difficult, but it is made easier if you have skilled legal representation on your side. The Perecman Firm, P.L.L.C. is dedicated to making this process as simple as possible for our clients. Our New York City workers’ compensation attorneys are here to help you successfully file for benefits when you need them most. Call us today and learn more about how we may be able to help you.