Workman’s Compensation is a system which protects workers who are injured on the job or develop an illness as a result of their job. With this protection, workers do not need to independently take on a large company or corporation or try to sue their employer for their injuries and resulting medical bills, lost time, etc. Instead, the injured employee can file a claim for Workman’s Compensation.

Workman’s Compensation is intended to be a "no fault" system in which the injured or ill worker receives basic benefits to cover medical care, a percentage of their wages, physical therapy to return to work if possible and other benefits. Compensation may be available for psychological disorders such as anxiety or PTSD. However, "no fault" does not extend to accidents that occurred due to an employee’s actions if they were injured while under the influence of alcohol or illicit drugs. Most employers will have an injured employee drug tested immediately after the injury is reported.

Have you been injured at work or exposed to dangerous or toxic chemicals or other elements?

If you have been injured at work, or feel that you have developed an illness due to exposure to asbestos or other toxic chemicals, you should immediately report this to your employer. Unfortunately, failure to follow such a claim in a timely manner can become suspicious to your employer and can slow down the process, even lead your employer to deny the workman’s comp claim all together. Time is of the essence not only in filing promptly, but also in your ability to recall accurately the incident or incidents that led to your injury.

You will have to fill out forms that describe the exact nature of the accident, list any witnesses, and describe what you were doing, what equipment you were using, the condition of your work center, what you were wearing, proper safety equipment that you may have been wearing (or not wearing) and more. You have to be honest with this disclosure, remember; many employees have cameras all over workplace facilities and may have also captured the accident or incident on their camera system. Any such digital images will also become part of the documentation of your claim.

After notifying your employer, you also have the right to contact your states’ Workman’s Compensation board to ensure that you have filed all of the necessary paperwork and begin the proper documentation trail.

Depending upon the extent and nature of your injuries, you may be brought back to "light duty" as your employer must provide suitable work and either return you to the job you left, or an equivalent job. When you go back to light duty, Workman’s Compensation benefits should make up any difference in wages. Usually, you receive a workman’s comp benefit that is equal to 66%, or 2/3 of your regular wages or salary.

However, these benefits can vary based off of your injury, your medical treatments, your ability to return to work and more. You could even receive a lump sum settlement which takes into account the injury, your potential wages and your life expectancy. In the extreme cases, even death benefits are paid.

With all of this said, your employer can dispute your claim, and the state Workman’s Compensation board (in some states, it is called an "industrial commission") will hold hearings to hear the dispute. This is again where it is critical to fully and truthfully disclose all elements of the accident and incident as your employer can use digital images, other employees who may have witnessed the account and any inconsistencies in your statement to dispute your claim.

If you lose the Workman’s Compensation arbitration, you still have the right to an appeal. During this process, your employer may have to still pay your benefits. However, it is only at the 2/3 of your usual salary or wage, and this can cause economic hardship. So, if the system is already in place to protect you, why do you need a Workman’s Compensation Attorney?

If you injuries are relatively minor, you may not need an attorney at all. However, if your injuries are serious, it is in your best interest to obtain legal representation to ensure that your rights are covered at every step of the process. Your employer has a fiscal bottom line to protect, as do you. You may need an attorney if your benefits are not calculated correctly. You may also need an attorney if your employer retaliates against you or attempts to terminate your employment without cause. You may simply need an attorney to help you walk through a complicated, sometimes emotional process if your employer has become adversarial.

These are just generalities about Workman’s Compensation, and Workman’s Compensation benefits can vary from state to state. This also does not constitute any legal advice, so your best bet is to confer with an attorney to know how to best deal with your workplace injury and obtaining the appropriate Workman’s Compensation benefits that you deserve.