Before filing a claim for workers' compensation, it is important to understand its limitations. Although your benefits will cover the basics, such as lost wages and medical care, it will not cover some other damages. Here are some of the damages that people expect to be covered, but may or may not be.
Pain and Suffering
The idea behind workers' compensation was to make the process to recover damages easier for injured workers. As a compromise, some damages that would normally be paid after an accident occurred were omitted. Pain and suffering, except in extreme cases, was one of the damages not covered by workers' compensation.
Secondary Conditions
If you developed a secondary condition as the result of a workplace injury, it is possible that you could receive compensation for it. For instance, if you developed depression or a sleep disorder due to the injury you suffered, you can list it as part of your damages in your claim. Check your state's laws to determine if this is a possibility since secondary conditions are only considered in some states.
Travel/Lodging/Food Expenses
One popular concern about what is covered through worker's compensation is travel expenses. Traveling to and from your medical care providers can be expensive. Whether or not you can be reimbursed for travel expenses depends largely on the state in which you live.
Most states do allow reimbursement for travel expenses. The amount tends to vary, so check with your attorney to find out what your state allows. You will need to submit a travel log to your employer's insurance company to be reimbursed. Note all of your travel-related expenses, such as gas, public transportation, and toll fees.
Some states have guidelines in place regarding when travel expenses can be paid. For instance, you might only be reimbursed for travel to providers that are a certain distance away. If your travel does not meet the requirements, you will not be reimbursed for your travel expenses.
In addition to travel, some states require insurance companies to reimburse injured employees for lodging and food if it is related to the injury. States, such as Oregon, have pre-determined rates of reimbursement. For instance, if you have to stay overnight in another town to see a specialist, your expenses could be reimbursed.
Your attorney can help you review your other damages and determine if your state's laws allow you to be paid for them. Contact a company like Lovett Schefrin Harnett for more information.
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