If you’re worried about job-related injuries, you probably want to know about workers’ compensation (also called workers’ comp). Read more to learn what workers’ comp is, how it can benefit you, how to get on and off workers’ comp, and the answers to a few more common questions about it.

Beyond the obvious meaning of the words, “personal injury” is a term used to refer to any kind of physical or mental injury that a person may receive. In legal settings, “tort law,” or personal injury law, is a field of law designed to protect individuals and their property from damage that might have been incurred by either negligence or harmful actions. 

When it comes to receiving compensation for a personal injury, the goal is for the injured party to receive compensation from the party responsible for their injury. Personal injury attorneys specialize in helping victims of personal injury seek compensation for their experiences; they might help you take action against another individual, a manufacturer, an employer, or any other person or institution responsible for the damages. These actions are a civil proceeding that is separate from any criminal charges, even if the incident for which you are seeking compensation involves these charges as well.

Workers’ compensation is a term that refers to a type of insurance an employer can provide; this form of insurance promises to cover at least some of the wages (and sometimes some medical expenses) for employees who are injured during their work. In the United States, most employers must provide workers’ compensation for their employees.

In other words, Workers Compensation ensures that you automatically receive compensation for job-related injuries, provided agreed-upon conditions are met. This compensation is intended to take the place of personal injury settlements;. However, you will often not get as much money from workers’ compensation as you would from the most successful personal injury lawsuits, workers’ comp is agreed upon beforehand by the employer and employee, and therefore requires less legal wrangling to settle.

So exactly how much can you expect to receive from workers’ comp? This depends on several factors, including the following:

• How much you made before your injury. You will not get a raise when you go on workers’ compensation. In fact, you’ll likely take a pay cut, at least from paycheck to paycheck, but the more you made before your injury, the higher your payouts from workers’ comp will be. The percentage you make of your initial, pre-injury wages depends on the severity of your injury, with severe injuries typically receiving higher compensation. Speaking of which, another factor is…
• The severity of the injury. Workers’ compensation should also cover medical expenses such as doctor visits, medication, or prosthetics if your injury is severe or long-lasting. These benefits are separate from the wage coverage you can also receive.
• State laws and limits on payouts. Some states will limit the weekly or monthly payments that can be made to an employee on workers’ compensation.
• The insurance company providing the benefits. If your employer provides these benefits through an insurance company (most do, though some large companies will self-cover), the insurance company will need to approve any benefits you want to receive and may reject all or part of your claim. 

In short, you can expect up to your pre-injury wages, provided your injury is ruled severe enough to fully prevent you from working (whether permanently or temporarily), or you may receive only a percentage of your pre-injury wages during recovery. Additionally, you are likely to receive help with needed medical expenses, as long as they result from the workplace injury.

So how long can you expect to be on workers’ comp? Once again, this depends greatly on the severity of your injury, and on whether or not it results in a permanent disability. 

Temporary disability often has a legal limit; depending on your residence, this might be anywhere from 3 years to 10 or 12. Permanent disability benefits are, however, usually permanent as well; since the disability is a chronic condition, employees on permanent disability can continue to receive benefits for the rest of their lives, as long as they are suffering from the injury. While this doesn’t heal the problem, it can be a great benefit for someone who can no longer work in their profession due to a permanent disability resulting from an injury. 

If your injury or disability is temporary, you will often need a medical professional to clear you to return to work before returning to the job and off of workers’ comp.

Your place of residence may or may not prohibit your employer from terminating your original position; in many places, it is still legal for your employer to fire you if you can no longer receive your job. Some employers will be able to offer lighter-duty jobs for injured employees to return to, and sometimes you’ll be cleared to return to your original job as well, but in some cases, you may find yourself in need of new employment. Fortunately, partial or permanent disability benefits can sometimes apply in these situations; if you are let go from a position because you’re no longer able to work due to an injury, you are more likely to qualify for these benefits in some cases. 

Once again, workers’ compensation is not going to make your problems go away completely; however, it can be a huge help for people who are suffering from an injury caused by their work, and can be enough to get them through the recovery time they need or to keep them provided with necessities while dealing with permanent disabilities. Again, if you have any questions about your particular situation, we recommend contacting legal advice and ensuring that you get the best chance possible at receiving the benefits you need from workers’ compensation.